DIE Martis, 30 die Maii.
PRAYERS.
Earl of Manchester, Speaker.
Answer from the H. C. about the Orders, &c. sent down.
The Messengers return with this Answer to the Message sent to the House of Commons Yesterday:
That they do agree to the adding of the Committees
Names concerning the County of Huntingdon; and they
do likewise agree to the Proviso in the Order concerning the raising of Monies upon the Twentieth Part; but
to the Proviso to the Ordinance concerning the Taking
of Horses, they will send their Lordships an Answer by
Messengers of their own. (Here enter the Order for
raising Monies upon Persons within Twenty Miles of London, upon the Ordinance of the Twentieth Part.)
Message from thence, with Orders for Concurrence;
A Message was brought from the House of Commons,
by Sir Henry Vane, Junior; which consisted of these Particulars:
1. To [ (fn. *) desire their Lordships Concurrence] in some
Orders.
and for a Committee to go to Scotland.
2. To desire their Lordships would please to nominate a Committee to go into Scotland.
An Order was read, to appoint Sir Gilbert Gherrard
to pay, to the Use of the Navy, such Monies as have
been borrowed for the Supply of the Army. (Here
enter it.)
Agreed to.
Order for Concurrence.
An Order was read, for searching for all prohibited
Goods exported out of the Kingdom. (Here enter
it.)
Agreed to.
Deputy Lieutenant for Suffolk.
Ordered, That Theophilus Vaughan Esquire is approved of, to be a Deputy Lieutenant of the County of
Suffolke.
Stafford Committee.
Ordered, That Colonel Houghton, Lieutenant Colonel Sanders, Mr. Manwaring of Whitmore, Mr. Lee,
Mr. Stone, Mr. Barbar, Captain Phillip Jackson, Captain
Daniell Watson, Mr. Tho. Daintry, Mr. Turton, Mr. Ric'd
Gravener, Mr. Jolly, Mr. Tho. Cooke, Mr. John Swinfeild, are approved, to be appointed Committees for
the County of Stafford.
Lord Grey, a Committee to Scotland.
Ordered, That the Lord Gray of Warke is hereby
appointed to be sent into Scotland, as a Committee of
this House.
The Answer returned was:
Answer to the H. C.
That their Lordships have agreed to the Orders now
brought up, and to naming of the Deputy Lieutenants
and Committees; and their Lordships have named One
Lord, to go into Scotland.
Mrs. Aragey, a Pass to France.
Ordered, That Margarett Aragey shall have a Pass,
to go into France, taking with her her Apparel, and
other Things exportable by the Laws of the Land.
Earl of Mulgrave's Estate seized by the King's Forces.
A Letter written to the Speaker was read, from the
Earl of Mulgrave; shewing, "That the King's Forces
have seized all his Estate in Yorkeshire and Lyncolneshire; therefore desires their Lordships to take his
Case into their Lordships Consideration."
Ordered, To communicate this Letter to the House
of Commons, to desire them to think of some Course to
give his Lordship Relief herein.
Treatment of the Prisoners at Oxford.
The Earl of Northumb. reported from the Committee,
the Order for the Exchange of Prisoners at Oxford, and
the using of Prisoners taken by the Parliament Forces,
"That the Opinion of the Committee is, That the Second, Third, or Fourth Instructions be omitted."
Hereupon this House Resolved, To communicate this
to the House of Commons, at a Conference.
Sir W. Balladine to be removed to London, for his Health.
Ordered, That Sir Wm. Balladine shall be brought
up to London, from Windsor, to use Means for Recovery
of his Health, and be returned thither again when his
Health is better; and that the Lord General be desired
to give Order herein, by a Letter from the Speaker of
this House.
Mr. Corbett to be inducted to the Living of Chartam.
Upon reading the Petition of the Archbishop of Cant.
refusing to institute and induct Mr. Corbett to the Parsonage of Chartham, in the County of Kent, according
to the Ordinance of Parliament: Hereupon it is Ordered, That an Ordinance be drawn up, to command
Sir Nath. Brent to institute and induct the said Mr. Corbett to the said Parsonage.
Mr. Feriby's Cause.
Ordered, That Mr. Justice Bacon shall consider of
the Cause of Mr. Feribies, and report the same to this
House; and that an Order shall issue out, to stay and
stop any Procedendo to try the Cause at Oxford, and all
Proceedings thereupon concerning this Business.
Jennings's Cause.
Ordered, That Mr. Jenning's Cause shall be heard
on Thursday come Sevennight.
Complaint against Soane, for a Disturbance in his Church at Aldenham.
This House heard the Complaint against Joseph
Soane:
Ric'd Axtell, Jos. Harris, Henry Edwards, proved, "That Soane caused a
Mutiny and Disturbance in the
Church of Aldenham, whereby
a Child could not be christened; and that he challenged a Man in the Church-yard to fight, and would
not suffer the Minister, appointed by the Parliament
to officiate there, to preach."
Soane committed.
Hereupon this House Resolved, That the said Soane,
for the Disturbance of the Minister appointed by this
House to officiate at Aldenham, contrary to the Order
of this House, shall be committed to the Prison of The
Fleete, there to remain until he petition this House, and
promise never to do the like again.
Briscoe & al. released.
Ordered, That Mr. Brisco shall be released, and
the rest of the Persons sent for concerning Mr. Soane's
Business.
Message from the H. C. with Orders for Concurrence.
A Message was brought from the House of Commons,
by Sir Henry Mildmay:
To desire their Lordships Concurrence in an Ordinance concerning sending One Thousand Foot and One
Hundred (fn. *) Horse, out of Kent, to the Lord General.
2. To desire Concurrence in an Order for adjourning
of the next Term.
3. To desire that Mr. Browne, Clerk of the Parliament, may be added to all Committees in the County of
Midd.; and that Mr. Topsfeild may be added to all
Committees in the County of Essex.
Agreed to.
Order for raising Troops in Kent.
The Order concerning the raising of Foot and Horse
in Kent was read, as followeth. (Here enter it.)
Agreed to; and Ordered, To be presently printed
and published.
Order for adjourning the Term.
Next, the Order concerning the next Term. (Here
enter it.)
Agreed to; and Ordered, To be presently printed
and published.
The Answer returned was:
Answer to the H. C.
That this House agrees to the Orders concerning Kent
and the Term; and do agree to the adding of the Persons named, to be of all Committees.
Johnson and Talcott.
Ordered, That the Cause between Johnson and
Talcott shall be heard on Thursday Morning next, before
any other Cause be heard.
Blunt, a Pass.
Ordered, That Mr. Maurice Blunt shall have a
Pass, to go from London, to his House at Chiswicke;;
and to pass and re-pass, as often as he shall have Occasion.
Ordered, To have a Conference on Thursday Morning next, concerning the Order touching the Prisoners,
and concerning the Order touching Gunpowder, and
touching the Earl of Mulgrave's Letter.
"A Declaration of the Lords and Commons in
Parliament.
Declaration for adjourning the next Term.
"The Lords and Commons in Parliament, having
taken into their serious Consideration a Proclamation
dated at Oxford, the 19th Day of this Instant May,
for the holding and continuing of the Court of Chancery, and all Proceedings therein, the Receipt of His
Majesty's Exchequer, and of the First Fruits and
Tenths, the Court of Dutchy of Lancaster, Court of
Wards and Liveries, and Court of Requests, at the
City of Oxford, for the whole Term of Trinity then
next ensuing, upon and from the Second Day of June
next coming, until and upon the Twenty-first Day of
June aforesaid, and for adjourning the Courts of
King's Bench, Common Pleas, and Exchequer, from
the said Second Day of June, until the Return of
Quindena Trinitatis next ensuing; do find, that it
will much tend to the Prejudice of the Commonwealth, to have the said Courts and Receipts held
and continued at Oxford, where great Part of an Army raised against the Parliament, and the Authority
thereof, now resides; and the said Lords and Commons, apprehending and foreseeing the great Incon
veniences and Mischiefs that necessarily must happen
to (fn. *) many of His Majesty's most faithful and best
Subjects, in Case those Courts and Receipts be held
at Oxford, where such of them as have Occasion to
attend cannot with any Safety of their Persons or
Estates repair to His Majesty, having in Effect declared all Persons that have contributed any Thing in
Aid or Defence of the Parliament, and the Privilege
thereof, to be guilty of High Treason; and, in Pursuance thereof, by the Force and Power of the Army
there remaining, have seized upon many of their
Persons, where they are detained Prisoners, and some
proceeded against as Traitors, having nothing laid to
their Charge but their assisting the Parliament, and
opposing that Army raised to destroy it and the Kingdom; and finding that divers, both Judges and others
(whose Attendance upon the said Courts and Receipts
will be necessary), are Members or Assistants to One
or both Houses of Parliament, whose Persons at this
Time cannot be spared; and that, if the Records necessary to be used in the said Courts should be removed from the usual Places to Oxford, in a Time
when Two Armies are residing near thereabouts, it
would endanger the Miscarriage of them, which might
ruin many of His Majesty's Subjects, whose Estates
depend thereupon; and that so far a Distance between the said Courts of Law and Equity, which have
necessary Dependance one upon another, would prove
exceeding prejudicial to many; and finding as great
Cause to take Care for preventing the said Mischiefs
and Inconveniences as was in Easter Term last, in that
the said Army is still continuing: The said Lords and
Commons do therefore Declare and Order, That no
Judge, Minister, or other Person belonging to any of
the said Courts or Receipts, shall repair to the said
City of Oxford, or do or execute any Thing belonging to the said Offices and Employments but in the
Places usual of the doing and executing thereof;
and the said Lords and Commons do enjoin the said
several Judges, Officers, and Ministers, to attend the
Execution of the said Offices, at the usual Times and
Places for the Execution thereof, and not elsewhere;
and that no Member of or Assistant to either of the
Two Houses of Parliament, that have any Place,
Office, or Employment, about any of the said Courts
or Receipts, shall presume to depart from their Attendance upon the Parliament, without the special
Leave of that House whereof they are Members or
Assistants, and that those departed do return forthwith; and do further Order, That no Person shall
remove, or cause to be removed, any Records or
Writings, of any the said Courts or Receipts, to or
towards the said City of Oxon: And the Lords and
Commons do Declare, That, if any Person shall disobey
this Order, they will proceed against them as wilful
Contemners of the Authority of Parliament, and Disturbers of the Peace of the Kingdom: And it is further Declared and Ordered, by the said Lords and
Commons, That no Judgement, Decree, Order, or
Proceedings whatsoever, that shall be given, made,
or had, by or in any of the said Courts or Receipts,
out of the usual Places where the said Courts and
Receipts have been accustomed to be held and kept,
shall bind any Person that may be concerned therein,
without his own voluntary Consent; and that all
Judges, Officers, and other Persons, shall be protected, and kept indemnified, from any Damage or
Inconveniences that may or can happen to them, for
yielding Obedience to this Ordinance, or by the
not prosecuting of any just Suit or Action in the
said Courts at Oxford, or any of them."
Assessment of the Twentieth Part of Estates in London and Twenty Miles round.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee
at Haberdashers Hall shall have Power, within the
City of London and Twenty Miles Compass, to call
such Persons before them, that have not contributed
proportionably upon the Propositions; and that they
do appoint Assessors, to cess such of them as have
not so contributed according to the Ordinance of the
Twentieth Part; and that they shall have Power to
appoint Committees, to have Power to ease such as
shall be over-rated: Provided always, That this Ordinance shall not extend to the calling or assessing
of any of the Members of either House of Parliament, or of any Peer, or of any Assistant of the
House of Peers; but the House of Peers only shall
have Power to call and assess the Members and
Assistants of that House, and every Peer whatsoever."
Monies advanced by Collectors of the Customs, to be repaid to the Commissioners by the Treasurer of the Army.
"Whereas, by an Order of the Commons House of
Parliament of the 4th of April last, it was Ordered,
That the Commissioners of the Customs should give
Order to their Collectors at Hull, to pay all such
Monies as should come in upon those Collections unto
Sir John Hotham, upon Accompt; and that he should
charge them by Bill of Exchange upon Sir Gilbert
Gerrard, Treasurer at Wars here, to be by him satisfied and paid to the Commissioners of the Customs
here, upon Sight; and whereas there have been, or
hereafter may be, several other Sum or Sums of Money
paid unto several other Person or Persons, in other
Ports, within this Kingdom of England, Dominion of
Wales, or Town of Barwicke, by the Collectors or
Deputies of the said Commissioners, by virtue of
other Orders from the said Commons House of Parliament, for the Use of the Army or Forces raised
by Parliament: It is therefore Ordained, by the Lords
and Commons now assembled in Parliament, That the
said Sir Gilbert Gerrard, upon Sight of all or of any
such Bill or Bills of Exchange, or otherwise, do forthwith pay, or cause to be paid, unto the said Commissioners of the Customs, or to their Assigns, all
such Sum or Sums of Money as are or shall be
charged on him by the said Sir John Hotham, according to the said Order; and shall also pay, or
cause to be paid, unto the said Commissioners, or to
their Assigns, all such other Sum or Sums of Money
as are or shall be charged on him, for Monies paid
by any other of their Collectors or Deputies, in any
other Port or Ports, within this Kingdom of England, Dominion of Wales, or Town of Barwicke, by
virtue of any other Order from the said House of
Commons."
Order for searching for prohibited Goods, and to prevent the smuggling them.
"Whereas there are many and great Abuses daily
committed, by the importing into and exporting out
of this Kingdom divers prohibited Goods and Merchandize, contrary to the Laws; and also for that
there are divers Practices of late used, by Merchants
and others, to deceive His Majesty and the Parliament of such Customs and Duties as are due and payable for such Goods as are imported and exported as
aforesaid: For Prevention whereof for the future, it
is Ordained, by the Lords and Commons in Parliament, That Thomas Andrews, John Fowke, Richard
Chambers, and William Barkley, Aldermen of the City
of London, Maurice Thomson, Francis Allyn, James
Russell, and Stephen Estwicke, Merchants, who are,
by an Ordinance of both Houses of Parliament of
the 21st of January last, appointed and constituted
Commissioners and Collectors, to receive all such Sums
of Money which should at any Time thereafter be
paid for Customs, or advanced by Way of Loan, or
otherwise, for and in respect of Goods and Merchandize exported out of and imported into the Port
of London, and all other Ports, within the Kingdom
of England, Dominion of Wales, and Town of Bar
wicke; as also all Deputy Collectors, Surveyors,
Searchers, Waiters, and all other Officers, which are
or shall be deputed and appointed by the said Commissioners, under their Hands and Seals, as their
Deputies, Factors, or Servants, for the managing of
the Affairs of the Customs, and Receipt of the said
Monies paid and advanced as aforesaid, in the several
Ports aforesaid, and their Members, shall have full
Power and Authority to go on board, and enter into,
any Ship, Hoy, Bark, Bottom, Boat, or other Vessel
whatsoever, as well by Night as by Day, riding,
lying, or being, within any of the several Ports,
Havens, Creeks, or other Places; as also in the Daytime to go and enter into all or any Cellars, Vaults,
Ships, Warehouses, or other Places, within the said
Kingdom of England, Dominion of Wales, and Town
of Barwicke, to see, survey, and make Search for,
any such prohibited Goods or Merchandizes as aforesaid, and likewise any other Goods or Merchandize,
either put on board any Ship or Vessel, or taken out
and carried away, or intended to be carried away
(the Customs and other Duties for the same having
not been fully satisfied and paid); and the said Goods
to seize, attach, carry away, and put into safe Custody: And it is further Ordained, by the Lords and
Commons aforesaid, That, upon all such Seizures
made by any of the Collectors, Surveyors, Searchers,
Waiters, or other Officers, Deputies, Factors, or
Servants, of the Commissioners aforesaid, or by the
King's Officers, or any other Person or Persons, Certificate shall be by them respectively forthwith thereof made unto the said Commissioners; and that no
fraudulent Composition shall be made by the said
Officers, to the Prejudice of the Kingdom, and the
Loss of the Customs and other Duties due and payable upon the said Goods and Merchandizes as aforesaid: And it is further Ordained, by the Lords and
Commons aforesaid, That the said Commissioners of
the Customs shall have Power, from Time to Time,
to chuse and depute a Messenger, to attend their
Service, and him again at their Pleasure to displace,
and others to substitute; which Messengers, by them
so chosen, shall have Power to summon or attach all
or any such Person or Persons as shall be refractory
or disobedient to the Laws or Ordinances made for
the Payment of Customs, or Advance of Monies, or
that shall affront or abuse the said Commissioners,
their Deputies, Factors, or Servants, in the Execution of their several Duties or Services; and the
Persons so offending to bring before the Honourable
House of Commons, or Committee of the Navy, to
answer such their Misdemeanors and Miscarriages:
And it is further Ordained, That such Security as
the Committee of the Navy, or the Commissioners
of the Customs, shall think fit to require of any
Person or Persons, for the better managing of the
Business aforesaid, shall be taken in the Name of
the Serjeant at Arms, for the Time being, attending
the House of Commons, to the Use of the Commonwealth: And, for the better enabling them, the
aforesaid Commissioners, as also of their Deputies,
Factors, and (fn. *) Servants, by them as aforesaid authorized and appointed to transact and perform what
is required of them in the Premises, it is further
Ordained, by the Lords and Commons aforesaid, and
it is hereby Required, That all Customers, Comptrollers, Searchers, and all other His Majesty's Officers, of or belonging to the Customs, in all the
Ports and Places aforesaid, as also all and every the
Officers of or belonging to the Admiralty, all ViceAdmirals, Captains of Ships and Forts, and all Justices of Peace, Mayors, Sheriffs, Bailiffs, Constables,
and all other His Majesty's Officers, Ministers, and
Subjects whatsoever, shall from Time to Time be
aiding and assisting to the said Commissioners, and to
all and every their Deputies, Factors, and Servants,
by them as aforesaid deputed and appointed, in the
Execution of the said Service; and that all and
every the said Commissioners, their Deputies, Factors, and Servants, and all those who shall be aiding
and assisting unto them, shall be defended and saved
harmless, by the Authority of both Houses of Parliament; and that this Ordinance shall be forthwith
printed and published, and sent to the several Ports
of this Kingdom."
"A Declaration and Ordinance of the Lords
and Commons in Parliament, for the better
securing and settling of the Peace of the
County of Kent, and for enabling them to
associate with the City of London, or any
other Counties adjacent.
Ordinance for securing Kent, and associating it with other Counties.
"The Lords and Commons now in Parliament assembled, being certainly informed, and by sad Experience finding it true, that divers Papists, Traitors,
Delinquents, and other Persons ill-affected to the
King and Parliament, have traiterously combined and
associated themselves in this Kingdom, for the utter
Extirpation of the true Protestant well-affected Party
therein; and for that End have raised, and daily do
raise, great Forces both of Horse and Foot, and
have plundered, spoiled, and destroyed, Multitudes
of His Majesty's good Subjects, using also their utmost Endeavours to bring in to their Assistance Foreigners of their own Faction; all which, if not
speedily prevented, will utterly subvert the true Protestant Religion (which is their chief Design), the
Laws of the Land, the Privileges of Parliament, and
the Liberty of the Subject: For the timely preventing and withstanding of which mischievous Designs,
the well-affected of the County of Kent have been,
and still are, desirous to have a considerable moving
Body of Horse and Foot raised, (fn. *) and maintained at
the Charge of the said County, and to enter into
Association, for the mutual Defence and Preservation
of the Peace of the said County, and of all those
that shall join with them therein: The said Lords
and Commons do thereupon Declare, That they hold
it a Thing most fit and necessary for the present State
of the Kingdom, and Security of the said County of
Kent; and do Ordain and Declare, and be it Ordained
and Declared, by the said Lords and Commons, That
the Lord Lieutenant and Deputy Lieutenants, Colonels, Captains, and other Officers, that are or shall
be employed, in the said County of Kent, the County
and City of Canterbury, and Cinque Ports with their
Members, and all other well-affected Persons, Inhabitants in them, or any of them, shall and may associate themselves each with other, and with all those
who shall enter into the said Association; and that
the said Lord Lieutenant and Deputy Lieutenants,
or any Seven or more of them, for the aforesaid
Ends and Purposes, and also for the forcing and
compelling refractory Persons to yield Obedience unto
the Orders and Ordinances of either or both Houses
of Parliament, shall have full Power and Authority,
and are hereby authorized, to raise, arm, and maintain, a moving Body of Foot, consisting of One Thousand or more Voluntiers, whereof none to be of the
Trained Bands, and One or more Troop or Troops
of Horse, which now are, or hereafter shall be, subscribed, or otherwise provided, within the said County, whereof none also are to be taken out of the
Trained Forces; and also to nominate, constitute,
and appoint, a Major General over the said Forces;
and to give full Power and Authority to the said
Major General, in case of Sickness or Disability of
Body, from Time to Time, to constitute and appoint,
in his Stead, such trusty and able Person as he shall
think fit, to be his Deputy, and, in his Absence, to
do all Things belonging to the Office of a Major
General; and the said Lord Lieutenant and Deputy
Lieutenants, or any Seven or more of them, shall be,
and are hereby, authorized to constitute and appoint
Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, over the said Forces, and
from Time to Time, in and into all convenient Places,
to lead, conduct, quarter, and exercise, or cause to
be led and conducted, quartered, and exercised, the
said Forces, or any Part thereof; and therewith to
give or cause Battle to be given to all such Officers
as are, or shall be, raised against, or without Authority or Consent of both Houses of Parliament;
or that shall make, or endeavour to make, any Invasion, Rapine, Tumult, or Insurrection, or shall
plunder, pillage, or destroy, any of His Majesty's
good Subjects; and all and singular such Persons,
their Abettors and Adherents, to invade, resist, put
to Flight, pursue, suppress, kill, slay, put to Execution of Death, and by all Means to destroy, as
Enemies to the Kingdom; and to perform, and cause
to be performed, all Things else, which they shall
in their Judgements think needful, as well for the
Preservation and Safety of the Peace of the said
County and Places aforesaid, as of all those which
shall join in the said Association; observing the Instructions hereunto annexed, with such other Directions and Commands as they shall receive from Time
to Time from both Houses of Parliament, or from
his Excellency the Earl of Essex: And be it also Declared and Ordained, by the Authority aforesaid,
That the said Lord Lieutenant, Deputy Lieutenants,
and other Inhabitants of the said County, and every
of them, and every other Person which is or shall
be employed in that Service, in what they have any
Way already done towards the preparing and perfecting so necessary a Work, or shall hereafter do or
perform in Pursuance thereof, shall be saved and
kept harmless, by the Power and Authority of Parliament: And the said Lords and Commons do hereby Declare and Ordain, That neither the said Forces,
nor any Part of them, shall or may at any Time be
removed out of the said County, without special Order and Direction from both Houses of Parliament,
or from his Excellency the Earl of Essex, unless it
be to the Aid and Assistance of the Counties with
whom they shall enter into Association, and in Pursuance of their said Association: And, for the better
Ordering and Managing of the said Forces of Horse
and Foot, be it Declared and Ordained, by the Authority aforesaid, That the said Lord Lieutenant and
Deputy Lieutenants, or any Seven or more of them,
shall have hereby full Power and Authority, to make,
give, and execute, the same Orders and Instructions,
for regulating and punishing the Officers, Troopers,
and Soldiers of the said Forces, as his Excellency
the Lord General hath done in his Army, and to
compel them to Obedience as Occasion shall require:
And, the better to defend the said County and Inhabitants thereof from all invading, plundering, and
pillaging, and that speedy Means may be used for
the furnishing and providing of Horses, Arms, and
Ammunition, making of Fortifications, Payment
of Officers, and other necessary Charges, and for the
Re-payment of all such Sums of Money as are, or
shall have been already, or shall be, advanced and
subscribed, towards the forwarding of this Work, it is
hereby Declared and Ordained, That forthwith, and
from Time to Time until the said Forces shall by
Authority of both Houses be disbanded, there be
raised, by Way of Tax or Rate, within the said
County and Places aforesaid, such Sums of Money, for
the Intents aforesaid, as (fn. *) by the said Lord Lieutenant,
Deputy Lieutenants, or any Seven or more of them,
shall be thought requisite and necessary; and that the
Deputy Lieutenants, or any Three or more of them,
after Three Months next ensuing the first Cessment
made by virtue of this Ordinance, shall issue forth
their several Warrants unto such Persons as by them,
or any Three of them, have been, or shall be, constituted and appointed Treasurers or Receivers of
such Sums of Money as have been, or at any Time
hereafter, before the said Cessment, or any Levies
thereupon made, shall be, lent towards the Advancement of this Work, for the Re-payment of the same
unto the Lenders thereof; they, the said Lenders,
producing the Acquittance or Acquittances of the
said Treasurers or Receivers for the said Monies lent
as aforesaid."
"Instructions for the Lord Lieutenant, Deputy
Lieutenants, and other Officers and Commanders, in the County of Kent, the City
and County of Canterbury, and the Cinque
Ports and Members thereof, within the said
County of Kent.
Instructions for the Lord Lieutenant, Deputy Lieutenants, &c. of Kent.
"That the Lord Lieutenant and Deputy Lieutenants
of the said County of Kent, of the City and County
of Canterbury, the said Cinque Ports and Members
of the same, or any Two or more of them, do, with
all convenient Speed, summon the several Gentlemen, Freeholders, and other Inhabitants thereof, as
well within the Liberties and Corporations as without, that do bear, or are able to bear or find Arms,
to such Places, in the said Counties and Places aforesaid, as they hold most fitting; and, at such Meeting, to take a View of what Arms and Forces may
be raised besides the Trained Bands in the said
Counties and Places, and examine the Defects of
Arms and Ammunition, and to consult of some fitting Course how to have the Want of Arms and
other Defects supplied; and, at such Meetings, or at
any other fit Time or Times, the said Deputy Lieutenants, or any Two or more of them, shall and may
propound to all the Inhabitants of the said Counties
and Places aforesaid, that are able to bear or find
Arms, or to contribute towards the same, what present and imminent Danger and Necessity the Kingdom is now reduced unto, by the wicked Advice,
Attempts, and Conspiracies, of Papists, Traitors,
Delinquents, and other ill-affected Persons, declaring
themselves against the Parliament; and to persuade
and stir them up, to join in a mutual Defence of one
another, and of all that shall associate with them, to
give, provide, furnish, lend, or advance, Horse,
Money, Plate, or Arms, towards the Defence and
Preservation of the Peace of the said Counties and
Places aforesaid, and towards the raising, furnishing,
and maintaining, of the Forces hereby ordained to
be raised and maintained within the said Counties
and Places aforesaid.
"2. And, for the better levying of all Sums to be
assessed and set upon the said Counties and Places,
for the Defence and Preservation of the same as
aforesaid, the said Lord Lieutenant and Deputy Lieutenants of the said Counties and Places aforesaid, or
any Two or more of them, shall and may assess and
tax, or cause to be assessed and taxed, the said Sum
and Sums, upon the several Cities, Corporations,
Lathes, Rapes, Wapentakes, Hundreds, Towns,
Hamlets, and Villages, in the said Counties and Places
aforesaid; and that they, or any Two or more of
them, shall and may nominate and appoint Treasurers, Collectors, and Assessors, in the said Counties
and Places aforesaid, for the assessing, receiving, and
collecting, such Sum and Sums of Money as aforesaid; and that the Deputy Lieutenants, or any Two
or more of them, shall and may grant Warrants, under their Hands and Seals, in Writing, to any Con
stable, Officer, or any other Person or Persons whatsoever, to raise and levy the said Sum and Sums, so
to be assessed and taxed as aforesaid, by Distress, Sale
of Goods, or by such other Ways or Means as to
the said Deputy Lieutenants, or any Two of them,
shall be thought requisite, upon all such Person and
Persons, upon whom any Sum shall be assessed and
set as aforesaid, that do refuse or neglect to pay the
same; and, in case no Distress is or may be found,
then the said Deputy Lieutenants, or any Two or
more of them, shall and may commit such Person
and Persons, so refusing and neglecting to pay as
aforesaid, to some common Gaol, or such other Place
as the said Deputy Lieutenants, or any Two of them,
shall think fit, there to remain, without Bail or Mainprize, until Payment be made of such Sum and Sums
as abovesaid; wherein special Care shall be had and
used that such Sum and Sums of Money shall be imposed, taxed, and levied, upon all Papists, Delinquents, and such who have either contributed nothing
upon the Subscriptions and Propositions, or very
small and inconsiderable Sums, as may in Proportion
equal the Subscriptions and Contributions of those
who are well affected, and have already liberally
contributed and subscribed.
"3. That all Sheriffs, Justices of Peace, Mayors,
Bailiffs, Constables, and all other His Majesty's Officers, as well within Liberties as without, (fn. *) be from
Time to Time aiding and assisting unto the said Lord
Lieutenant and Deputy Lieutenants, in Execution of
the Power now or heretofore to them given by both
Houses of Parliament; and, if they shall refuse or
forbear to be aiding and assisting to them therein,
that the said Lord Lieutenant and Deputy Lieutenants, or any One or more of them, shall them apprehend and imprison, or cause them to be apprehended and imprisoned, or sent up to the Parliament,
for further Punishment, as to Justice shall appertain.
"4. That, if any Person or Persons, being nominated or appointed Cessors or Collectors by virtue of
this Ordinance, shall refuse or neglect to be aiding
and assisting in Execution of such Office so injoined
him or them, that, for the First Neglect of the said
Service, the said Deputy Lieutenants, or any Two
of them, shall impose upon every such Collector
or Assessor, so refusing or neglecting the said Service, the Sum of Ten Pounds, by Way of Mulct;
and, for his Second Refusal or Neglect, shall punish
him with Imprisonment, till he shall conform himself.
"5. That the said Lord Lieutenant and Deputy
Lieutenants, or any Two or more of them, do put
in Execution, in the said Counties and Places aforesaid,
as well this present Ordinance and Instructions, as
other Ordinances and Instructions formerly to them
granted by both Houses of Parliament, for raising of
Money upon the Propositions, for the executing of
the Militia, disarming of Papists, and other ill-affected Persons, or any other Ordinance or Instructions
of both Houses heretofore granted to them, and
now in Force; and for that Purpose, that they, or
any Two or more of them, shall have Power and
Authority to arm, exercise, train, and put in Readiness, as well all and every the Trained Bands and
Troops of the said Counties and Places aforesaid,
and other Voluntiers both of Horse and Foot, as
the said Forces of Horse and Foot raised, or to be
raised, or maintained, by virtue of this present Ordinance as aforesaid; and them, under the Command
of such Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, as from Time to
Time, being nominated by the said Lord Lieutenant
and Deputy Lieutenants, or any Three or more of
them, as shall be approved of, or appointed, to lead
and conduct, the said Forces, as well against all Foreign Power that shall in hostile Manner invade the
said Counties, as also against all other Forces which
shall be, either within the said Counties and Places
aforesaid, or elsewhere, raised to the Disturbance of
the Peace thereof, or which shall stand in Opposition
to the Orders, Commands, and Ordinances, of both
Houses of Parliament; and, if any Person or Persons whatsoever shall levy, or endeavour to levy, or
billet, any Soldiers, or raise, draw forth, or keep together, the Trained Bands of the said Counties and
Places, or other armed Forces thereof, by Colour or
Pretence of any Commission, Warrant, or Authority, from His Majesty, under the Great Seal, or
otherwise, without Order or Consent of both Houses
of Parliament, that they, the said Lord Lieutenant
and Deputy Lieutenants, and every of them, are to
make known to the said Trained Bands and Forces
aforesaid, and other Inhabitants of the said Counties
and Places aforesaid, that those who shall appear
upon any such Warrant, or obey any such Commission, shall be held Enemies to the Public Peace;
and those that shall not appear (fn. *) on any such Warrant and Commission, nor do any Thing in Execution
thereof, but conform and submit themselves to the
Ordinance of the Militia, and to this Ordinance, and
to the Instructions thereupon, shall be protected
by both Houses of Parliament; and also shall make
known to the said Inhabitants, that it hath ever been,
and still shall be, the Care and Endeavours of the
Parliament, to provide for His Majesty's Safety; and
that they do not, nor ever did, intend any Evil against
His Majesty's Person, His Crown, or Dignity; that
His greatest Safety is in the Affections and Fidelity of
His Subjects, and in the Advice and Counsel of His
Parliament; and His greatest Danger is in withdrawing Himself from them, and joining Himself to such
disaffected and malignant Persons, obnoxious to Justice
for their great Enormities, who, under Colour of
doing him Service, have raised Forces, which they
labour to increase, to the Hazard of ruining Religion and the whole Kingdom.
"6. That no Treasurer or Receiver of Money, lent
or assessed towards the raising and maintaining of
these Forces, shall issue out any such Money, but
under the Hands of the Deputy Lieutenants, or Two
or more of them; and that the said Deputy Lieutenants shall not sign or grant any Warrant, or Warrants, for the issuing or paying of any Sum or
Sums of Money, but for the furnishing of Horses,
Arms, Ammunition, making Fortifications, Payment
of Officers and Soldiers, or Payment of Money already advanced, or to be advanced, by Loan, for this
Service, or other necessary Charges tending to the
Safety and Preservation of the said Counties and
Places aforesaid, and not otherwise.
"7. That the said Lord Lieutenant and Deputy
Lieutenants, besides the Magazine already within the
said Counties and Places aforesaid, shall, out of the
Monies to be raised as aforesaid, provide and furnish such Quantities of Arms, Ammunition, Powder,
Match, and Bullet, as shall be by them, or any Seven
or more of them, thought requisite and necessary
for the furnishing of the said Forces, both of Horse
and Foot, to be raised, armed, and maintained, by
virtue of this Ordinance and Instructions, and for the
Safety and necessary Defence of the said Counties;
and the same, being so provided, to be carefully
kept in some One or more Magazines for that
Purpose; and that, as for such of the said Arms
and Ammunition, which, after the Disbanding of the
said Forces as aforesaid, shall remain, full Restitution shall be made of so many thereof as are or shall
be borrowed or lent towards the present arming of
the said Forces; and the Residue thereof shall be
kept and preserved in Store, in Public Magazines,
for the said Counties and Places aforesaid.
"8. That the said Lord Lieutenant and Deputy Lieutenants, or any One or more of them, shall take away,
and cause to be taken away, the Arms, Horses, and
Monies, of all such Persons, inhabiting within the
Counties and Places aforesaid, as shall refuse to contribute Money, Plate, Horse, Men, or Arms, upon
the Propositions, or upon the Ordinance and Instructions, or upon any other Ordinance formerly made,
and now in Force, or hereafter to proceed, from both
Houses of Parliament; and that they, or any Two of
them, shall and may in Manner aforesaid, compel all
Papists, Delinquents, and Persons disaffected to the Parliament, to contribute, in Proportion to their Estates,
to the Maintenance of the Army raised in Defence of
the Parliament and Kingdom, and to the Forces raised,
or to be raised, by virtue of this present Ordinance
and Instructions.
"9. That the said Lord Lieutenant and Deputy Lieutenants, and every of them, shall take Care that the
said Forces of Horse and Foot, raised, or to be raised,
by virtue of this Ordinance and Instructions, so long
as they shall continue in the said County, or any other
County that shall associate therein, be governed according to the Laws and Ordinances published by his
Excellency the Earl of Essex, and be paid out of such
Monies as shall be levied and paid upon this Ordinance and Instructions.
"10. That all and every Person and Persons, which
are or shall be employed as Soldiers in this Service,
or which are of the Age of Sixteen Years or upwards, inhabiting in the Counties and Places aforesaid, shall, for the better securing and uniting thereof,
solemnly take such Covenant and Protestation, or
Form of Association, as shall be agreed upon, propounded, or approved of, by the Parliament, to be
taken by all Persons therein, exceeding the said Age;
and that whosoever shall refuse, or wilfully neglect,
to take the same, shall be taken within the Intent and
Meaning of this Ordinance, to be a Delinquent, and
an Enemy to the Good and Peace of the said County and Kingdom, and so to be proceeded against to all
Intents and Purposes within this and all other Ordinances and Declarations published by Authority of
Parliament.
"11. That, to the End all Orders and Ordinances of
Parliament may be better divulged, and Intelligence
received and given from and to the Parliament; and
that the said Lord Lieutenant and Deputy Lieutenants
may upon all Occasions receive Informations concerning the State of the said Counties and Places aforesaid, and determine and advise concerning the same;
it is therefore Ordained, That the said Deputy Lieutenants be hereby enjoined constantly to convene
Once every Month at the least, in some One convenient Place of the said County, during the Time of
these Public Distractions.
"12. Lastly, for the better securing of all such Inhabitants of the said Counties and Places aforesaid, as
now are, or hereafter shall be, voted Delinquents by
both Houses of Parliament, or either of them, or
which, for their Disobedience or Contempt, already
or hereafter expressed, against this or any other Ordinance of Parliament, or other Proceeding thereof,
or for whatsoever other Cause, shall be thought fit by
the said Deputy Lieutenants, or any Two of them, to
be committed, and remain in safe Custody, the said
Deputy Lieutenants, or any Two of them, are hereby authorized to apprehend, or by their Warrant
cause to be apprehended, and commit all and singular such Persons as aforesaid unto the next Gaol, or
to such other Place or Places as the said Deputy Lieutenants, or any Two of them, shall think fit."
Adjourn.
House adjourned till Thursday, 10 in the Morning.