House of Lords Journal Volume 6
30 May 1643

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History of Parliament Trust

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1767-1830

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69, 70, 71, 72, 73, 74, 75

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'House of Lords Journal Volume 6: 30 May 1643', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 69-75. URL: http://british-history.ac.uk/report.aspx?compid=37259 Date accessed: 26 November 2014.


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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.

Footnotes

* Bis in Originali.
* Deest in Originali.
* Origin. any.
* Origin. Serjeants.
* Deest in Originali.
* Deest in Originali.
* Bis in Originali.
* Deest in Originali.