House of Lords Journal Volume 5
9 January 1643

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1767-1830

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'House of Lords Journal Volume 5: 9 January 1643', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 536-541. URL: http://www.british-history.ac.uk/report.aspx?compid=34997 Date accessed: 25 July 2014.


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DIE Lunæ, videlicet, 9 die Januarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Message from the H. C. with Bills;

A Message was brought from the House of Commons, by Sir Wm. Armyn, Knight and Baronet; which consisted of divers Particulars, as followeth:

1. An Act against Pluralities.

2. A Bill for clearing the Six Members of Parliament.

and Orders, for Concurrence.

3. He desired Concurrence in several Orders concerning the County of Lyncolne, &c.

1. An Order for securing the Prisoners and Castle of Lyncolne. (Here enter it.)

Agreed to.

2. Instructions for the Lord Willoughby of Parham, concerning the Subscriptions and Cessing of that County. (Here enter it.)

Agreed to.

3. A Declaration and Ordinance for the Defence of the County of Lyncolne, with a List of some Persons to be added to the Committees for taking Subscriptions of that County.

Agreed to.

The rest of the Orders now brought up, to be read some other Time.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Instructions and Declaration touching the County of Lyncolne; touching the other Orders, this House will take them into Consideration, and send an Answer by Messengers of their own.

Cheshire Instructions.

Next, the Instructions concerning the County of Chester was read, as followeth:

To be printed.

Ordered, That this House agrees with the House of Commons in these Instructions, and that the same be printed and published.

Richards's Petition to be released.

The Petition of Francis Richards, of Presteyne, in the County was read; shewing, "That he being apprehended, with Captain Price and others, at Hereford, being but come to visit him, and conveyed to Coventry, where he hath since remained, desiring to be released:" Hereupon it is Ordered, That the Committee at Coventry shall examine the Truth of this Petition, and certify their Opinions therein to this House.

Bills from the H. C. to be read.

Ordered, The Bill for the Assembly, against Pluralities, and the clearing of the Six Members of Parliament, shall be read To-morrow; and likewise the Bill against scandalous Ministers to be taken into Consideration.

Order for removing the Prisoners out of the Castle of Lincoln.

"It is this Day Ordered, by the Lords and Commons, that the High Sheriff of the County of Lincolne for the Time being, one Smith, Gaoler and Keeper of the Castle of Lincolne, shall forthwith be required to remove his Prisoners out of the said Castle of Lincolne, to some safe and secure Place; and for the present (if a more convenient House cannot be had), the said Smith is hereby authorized to remove the said Prisoners to the Bishop of Lincolne's House, near the said Castle, commonly called The Bishop's Pallace, and to resign and deliver up the said Castle into the Hands of the Earl of Lincolne, or such as he shall appoint for the safe Keeping of the said Castle, and better Security of the City of Lincolne."

"Instructions for Francis Lord Willoughby, Lord Lieutenant of the County of Lincolne, and the Committees of Parliament for the Subscriptions of Money, Plate, and Horse, for that County, and other Officers and Commanders in the said County of Lincolne and Parts adjacent.

Instructions for the Lord Lieutenant of the County of Lincoln, and the Committee there for the Subscription.

"That the Lord Lieutenant of the said County of Lincolne, or the Committees of Parliament of the said County and City of Lincolne, or any Three or more of them, with all convenient Speed, do summon the several Gentlemen, Freeholders, and other Inhabitants, of the said County and City, as well within Liberties and Corporations as without, that do or are able to bear or find Arms, to such Places in the said County and City as they hold most fitting; and at such Meetings to take a View what Arms and Force can be raised in the said County and City respectively, 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 to be supplied; and at such Meetings, or at any other fit Time and Times, with the Assistance of the Committee for the Propositions and Subscriptions in the County and City aforesaid, and Parts adjacent, or any Two of them, shall and may propound to all the Inhabitants of the said County and City that are able to bear or find Arms, or to contribute towards the same, what present and imminent Danger and Necessity the whole Kingdom is now reduced unto, by the wicked Advice and Attempts and Conspiracies of Papists and other Persons now about His Majesty; and to propound to them, to join in Association and mutual Defence of one another, according to the Form of an Association hereunto annexed; and to require them to set down in Writing, and subscribe, what Arms for Horse and Foot, what Horse, either for Dragooners or others, they will have in Readiness, upon every just Occasion, for the Defence of the said County and City.

"Secondly, the better to prevent the Plundering and Spoiling of the said County and City, and Parts adjacent, and to have Means for the Furnishing of Arms and Ammunition, Making of Fortifications, and Payment of the Garrisons, Officers, and Soldiers, and other Public necessary Charges, that there be forthwith raised in the said County and City, and in the Corporations, Constabularies, and Parishes thereof, such Sums of Money as shall necessarily be disbursed and expended for the Uses aforesaid; the same Sums to be rated and assessed in like Sort as was the Four Hundred Thousand Pounds granted by Act this present Parliament, wherein the Persons who have not subscribed to the Parliament's late Propositions shall be assessed, and their Assessments levied, in such Sort as, by the Ordinance late made for the City of London and Parts adjacent, such like Persons are to be assessed, and their Assessments levied; for which Sums of Money, so rated and levied and expended as aforesaid, the Lord Lieutenant and Committee shall be accountable for their Proceeding therein to both Houses of Parliament, and none else.

"And for the better levying of the said Sums of Money, that the said Lord Lieutenant, and the said Committee of the said County and City of Lincolne, or any Three or more of them, shall and may assess and tax, or cause to be assessed or taxed, the said Sums upon the said County and City, and the said Corporations, Towns, Constabularies, and Parishes within the same, in like Manner as is aforesaid; and they, or any Three or more of them, nominate and appoint Treasurers, Collectors, and Assessors, in the said County, City, Towns Corporate, and Hundreds of the same, for the assessing, receiving, and collecting of the said Sums of Money; and shall and may grant Warrants, under their Hands and Seals, in Writing, to any Constable or other Officer whatsoever, to raise and levy the said Sums to be assessed and taxed as aforesaid, upon all such Persons, upon whom any such Sums shall be so assessed and set, that do refuse or neglect to pay the same, it shall and may be lawful to and for the said Assessors, or any other Person to whom Warrants by the Lord Lieutenant or Committee shall be granted, to levy the said Sums so assessed, by Way of Distress and Rate of the Goods of the Persons so assessed and refusing; and if any Person so distrained shall make Resistance, it shall and may be lawful to and for the Lord Lieutenant and Committee to send any of the Trained Bands, or other Soldiers of the said County and City aforesaid, Towns Corporate, or Parts adjacent, to compel the said Parties so refusing to Obedience of this Ordinance; and, in Case no Distress is or may be found, then the said Lord Lieutenant and Committee aforesaid, or any Three or more of them, shall or may commit such Person and Persons, for refusing to pay as aforesaid, to some Common Gaol, there to remain without Bail or Mainprise, until Payment made of such Sum and Loans as aforesaid.

"Thirdly, That all Sheriffs, Justices of Peace, Mayors, Bailiffs, Constables, and all other His Majesty's Officers, as well within Liberty as without, be from Time to Time aiding and assisting unto the said Lord Lieutenant and Committees, in Execution of the Power to them given by the Lords and Commons in Parliament, and of these Instructions.

"Fourthly, That no Treasurer or Receiver of any Monies shall issue out any Monies, but under the Hands of the Lord Lieutenant and Committee, or any Three or more of them; and that the said Lord Lieutenant and Committee do not sign or grant any Warrants, for the issuing or paying any Sum or Sums, but for the Furnishing of Arms and Ammunition, Making of Fortifications, Payment of Officers and Soldiers, and other necessary Public Charges, tending to the Safety and Preservation of the said County, City, Towns Corporate, and Parts adjacent, and not otherwise.

"Fifthly, That the said Lord Lieutenant and Committee, or any Three or more of them, shall and may from Time to Time raise such and so many of the Trained Bands, and other Persons inhabiting in the said County, and City and County of the same, and Towns Corporate, as they shall judge it necessary and fitting, to enter into the Houses of all Papists, and other Persons that are voted to be Delinquents by both or either House of Parliament; or that have put in Execution the Commission of Array; or that have been present with or aiding or assisting to His Majesty, in this unnatural War against the Parliament; or that, being of Ability, have not contributed upon the Propositions of raising of Horse, Money, or Plate, for the Defence of King and Parliament; and that have refused to send Horse and Arms to the Musters, when by the Deputy Lieutenants appointed by the Power of Parliament they have been required so to do; or such Clergymen or others that have publicly preached or declared themselves to oppose, disgrace, or revile, the Proceedings of both or either House of Parliament; and to seize upon the Arms, Ammunition, and Horses fit for Service in the War, that belong to such Person and Persons; the same Horses, Arms, and Ammunition, to be employed and disposed of by the Direction of the said Lord Lieutenant and Committee of the said County and City, or any Three or more of them, for the Public Service and Defence of the County, and City of Lincolne and County of the same, Towns Corporate, and Parts adjacent.

"Sixthly, That the said Lord Lieutenant and Committee, or any Three or more of them, do cause the several Companies of the Trained Bands and Voluntiers to be put into Regiments, and to nominate, appoint, and place, Colonels, Serjeant Majors, Captains, Lieutenants, and other Officers, of every Regiment and Company, where any such are wanting or when such as are and have been nominated have refused to execute those Places.

"Seventhly, That the Dragooners be put in Companies, and that One Hundred and Twelve be allotted unto a Company; and that each Company of Dragooners have an experienced Soldier, to be a Corporal, and to have the present Pay of a Corporal.

"Eightly, That the said Lord Lieutenant and Committee, or any Three or more of them, shall and may give Command and Directions, from Time to Time, to secure and fortify all Bridges, Causeys, Passages, and to cut the Banks, and to have Power to fortify and secure any Town, Hundred, or Hamlet, where the said Town, Hundred, or Hamlet, are willing (fn. *) to do the same at their own proper Charge; and to have Power, at all Times, to seize and stop all Barges, Boats, and other Vessels, passing by Water, for the Safety of the said County, and City of Lyncolne and County of the same, and Parts adjacent.

"Ninthly, It is further Ordered and Declared, That the said Committee for the said County of Lincolne, City of Lincolne and County of the same, shall or may call unto their Assistance such Person and Persons as they shall think fit, for the better and more orderly Execution and Performance of these Instructions.

"Tenthly, The Lord Lieutenant or Committee, or any Three or more of them, shall and may imprison and commit to safe Custody all and every such Persons as, being able and have had due Summons, do notwithstanding refuse or wilfully neglect to appear at Muster; or to send some able Persons, to be allowed of by the Captains or Chief Officers of the Company in this Behalf.

"And it is further Ordered and Ordained, That Duplicates of Rolls be made, by the Appointment of the said Lord Lieutenant of Lincolne, or of the said Committee, or any Three or more of them, containing the Names and Surnames of every Person charged by virtue of this Ordinance, and the Places of their Abode, together with the particular Sums upon each of them set and assessed; and that Duplicates be made of all such Sums of Money, or other Things, as shall be received, disbursed, employed, or expended in this Service, upon a just Accompt to be made, and allowed by the Commons House of Parliament: And that, in so doing, the said Francis Lord Willoughby, Lord Lieutenant of the County of Lincolne aforesaid, and the Committee aforesaid, and all others employed by them, and observing their Commands and Directions, or that join with and assist them in executing any of the Premises, or that shall willingly submit to perform and pay such Rates and Monies, and perform such Services, as shall be imposed on and required of them by Virtue of this Ordinance, shall be protected, defended, and saved harmless, in their Estates, Lands, Goods, and Persons, by the Authority and Power of Parliament."

"A Declaration and Ordinance of the Lords and Commons in Parliament, for the Defence and Preservation of the Inhabitants within the County of Lincolne, and Peace and Quiet of the said County.

Declaration for Defence of the County of Lincoln.

"The Lords and Commons now in Parliament assembled, being certainly informed that Papists and other wicked and ill-affected Persons have traiterously combined together, and entered into Association, and have raised, and daily do raise, great Forces both of Horse and Foot in several Counties of this Kingdom, and are at this present in a great Body together, under the Command of William Earl of Newcastle, in the Counties of Yorke and Nottingham, where they have plundered, spoiled, and destroyed, Multitudes of His Majesty's good Subjects, and, if not timely prevented, will utterly subvert and destroy the true Protestant Religion (which is their chief Design), the Laws of the Land, the Privileges of Parliament, and the Liberty of the Subjects: The said Lords and Commons do Declare, That they hold it a Thing most fit and necessary for the State of this Kingdom, and for the better Securing of the County of Lincolne, City of Lincolne and County of the same, Towns Corporate, and Parts-adjacent to the said County; and accordingly Order and Ordain, That Francis Lord Willoughby, Lord Lieutenant of the said County of Lincolne, and the Committees of Parliament for the Propositions of Subscriptions of Money, Horse, and Plate, for the said County, and City of Lincolne and County of the same, the High Sheriff of the County of Lincolne for the Time being, the Mayor of the City of Lincolne for the Time being, the Mayor of Boston, Aldermen of Grantham and Soake, and the Aldermen of Stamford for the Time being, and all Bailiffs of Liberties and Towns Corporate within the said County, and all Colonels, Lieutenant Colonels, Serjeant Majors, and other Captains and Officers, and all other well-affected Persons within the said County, City of Lincolne and County of the same, and Parts adjacent, shall and may associate themselves, and mutually aid and succour and assist one another, in the mutual Preservation and Defence of themselves and the Peace of the said County of Lincolne, City of Lincolne and County of the same, and all other Towns Corporate within the said County, from all Rapine, Plunderings, and Spoilings of the said Papists and ill-affected Persons, as well under the Command of the said William Earl of Newcastle, as any other of his and their Adherents: And it is further Ordered, Ordained, and Declared, That the said Lord Lieutenant, Committees of Parliament, Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, have Power and Authority to raise Forces of Horse and Foot, and to lead them into any Place which shall be fitting and convenient; and to give Battle and to fight with all such as are, or shall be, raised to levy War against the Parliament, and all other (fn. *) Forces raised without Authority or Consent of both Houses of Parliament, that make any Insurrection, and plunder and destroy His Majesty's good Subjects; and them to invade, resist, suppress, subdue, pursue, kill, and slay, and to put to Execution of Death, and by all Means to destroy, as Enemies to the Kingdom; and to perform all Things else needful for the Preservation of the Safety and Peace of the said County, City of Lincolne and County of the same, with the rest of the Towns Corporate within the said County, and Parts adjacent; observing from Time to Time such other Directions and Commands as they shall receive from both Houses of Parliament, or from the Earl of Essex Lord General, or the Lord Fairefax General of the Forces in the Northern Parts, with whom the said County of Lincolne is already associated; and that all the said Persons and other Inhabitants, for so doing, shall be saved (fn. *) and kept harmless, by the Power and Authority of Parliament: And the said Lords and Commons, taking into their serious Consideration the Necessity of appointing a Commander in Chief over the Forces, which are or shall be raised, in the said City and County of the same, for the Service aforesaid; and in regard that, by particular Commissions already granted to Persons in the said County, there was no Power given to lead Forces out of their own County; it is Ordered and Ordained, That the Lord General the Earl of Essex shall be desired to grant a Commission to such Person as he shall think fit, to command in Chief, as General of all the Forces raised, or to be raised, in the said County, and City of Lincolne and County of the same, and Parts adjacent, and have Power to lead, command, and carry the same, to such Places within the said County, City of Lincolne, and Parts adjacent, as he shall think fit for the Defence thereof; and likewise Power to give the same Order and Instructions, in his said Excellency's Absence, for regulating the Soldiers which are, or shall be, under his Command, as his Excellency hath given to his Army; and to use Martial Law to compel Obedience thereunto, as Occasion shall require; and also Power and Authority to make and appoint all Officers, for Levying, Conducting, and Leading the said Forces, as he shall think fit."

"The Earl of Lincolne.
Mr. Francis Fienns.
Sir Edward Ayscough.
Sir Samuell Offield.
Sir Thomas Trollop.
Mr. Thomas Grantham.
Wray, Esquire.
Captain Thomas Lister.
Mr. Ellis of Boston.
Mr. Archer.
Captain Edward King.
Captain Thomas Savill."

Ordered, That this House agrees with the House of Commons, in adding the Persons aforesaid to the rest of the Committees for the County of Lyncolne, for the Taking of Subscriptions upon the Propositions.

"Die Lunæ, 9 die Januarii, 1642.

"Instructions agreed upon by the Lords and Commons assembled in Parliament, for Sir William Brereton, Baronet, One of the Members of the House of Commons, and for Sir Geo. Booth, Knight and Baronet, and the rest of the Deputy Lieutenants of the City and County of Chester.

Instructions for the County of Chester.

Whereas it doth appear to the Lords and Commons now assembled in Parliament, that the King, seduced by wicked Counsel, hath raised War against the Parliament, and other His good Subjects, and hath drawn together great Store of Papists and ill-affected Persons, and sent out Commissions for the levying of others, to the great Hazard of Religion, and the Public Peace of the Kingdom:

"You the said Deputy Lieutenants shall take special Care, therefore, that the Ordinance concerning the Militia, from Time to Time, be put in Execution through the said County, as you shall see Cause; and, for that Purpose, you, or any Two or more of you, shall have Power and Authority to arm, train, and put in Readiness, all and every the Inhabitants of that County fit for the War, as well Trained Band as other Voluntiers, both Horse and Foot, and them, under the Command of such Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, as the Lieutenant of the said County, or you, or any Three or more of you, shall in his Absence nominate and appoint, to lead and conduct, as well against all Foreign Forces, that shall in hostile Manner invade the said County, as for resisting and opposing of all other Forces, which shall be, either within the said County or elsewhere, raised to the Disturbance of the Peace of that County, or which shall stand in Opposition to the Orders, Commands, and Ordinances of both Houses of Parliament; and the Sheriffs and all other Officers and Subjects of the said County are hereby enjoined to assist you, and every of you, therein; and if any Person whatsoever shall levy, or endeavour to levy, or billet, any Soldiers, or to raise, draw, or keep together the Trained Bands or other armed Forces of the said County, or any other Forces, by Colour or Pretence of any Commission or Warrant from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, you are to make known to the Trained Bands or other Inhabitants of the said County, that those who shall appear upon any such Warrant, or obey any such Commission, shall be held Disturbers of, and Enemies to, the Public Peace; and those who shall not appear upon any such Warrant or Commission, nor do any Thing in Execution thereof, but shall conform and submit to the Ordinance of the Militia, shall be protected by both Houses of Parliament.

"And you the said Deputy Lieutenants, or any Two or more of you, shall, in the Name and by the Authority of both Houses of Parliament, require and command all Persons to forbear the Execution of such Commission or Warrant, and to cause the same to be delivered up to you, or any of you, to be sent to the Parliament; and you the said Deputy Lieutenants, or any Two or more of you, are hereby required to draw together such of the Trained Bands and other Forces of the said County, as shall be expedient, for the suppressing of all such Assemblies, and for the apprehending and imprisoning of all or any such Person or Persons as shall, after Admonition and Command by you, or any of you, made unto them to forbear the Execution of any such Commission or Warrant, or the calling or gathering or keeping together of any such Forces or Assemblies, still persist in doing the same; and likewise such as shall bear Arms by Colour of any Warrant or Commission from His Majesty, under the Great Seal or otherwise, without Order or Consent of both Houses of Parliament; and also such disaffected Persons as shall be found raising any Parties or Factions against the Parliament, or casting any Reproaches or Aspersions against them, or their Proceedings, to be sent up to the Parliament, to answer such their Offences, as to Law and Justice shall appertain.

"2. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall stay, search, and examine, or cause to be stayed, searched, and examined, all suspicious Persons and Carriages; and shall search, or cause to be searched, all suspicious Places, and to seize upon all Horses, Arms, and Ammunition, Money, Plate, or other Provisions whatsoever, which you, or any One or more of you, shall have just Cause to suspect is or are raised, or provided, for the fomenting or maintaining War against the Parliament and the Kingdom.

"3. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall oppose and suppress all Rebellion and Commotion whatsoever, within the said County of Chester, or in any other Counties in Association with the said County of Chester.

"4. You the Deputy Lieutenants, or any One or more of you, shall conduct and lead all such Forces of Horse and Foot as shall be raised within the said County of Chester, by Authority of both Houses of Parliament, for the Service of the Parliament and Kingdom; and you the said Deputy Lieutenants and Inhabitants, and every (fn. *) of you, shall fight with, kill, and slay, all such as shall by Force oppose you, or any of you, in the Execution of this or any other Order or Ordinance of both Houses of Parliament, and all other their Assistants, Aiders, and Abettors; and you, or any One or more of you, shall levy such other Forces of Horse and Foot; as his Excellency the Earl of Essex shall by his Commission give you Power to levy, under such Colonels, Commanders, and other Officers, as shall be by him appointed or directed; and you shall pursue the said Traitors and Rebels, and their Adherents, in the said County of Chester, or in any other Places or Counties of the Kingdom into which they shall retire themselves; and you shall defend and protect His Majesty's good Subjects from Violence and Oppression, by the illegal Commission of Array or otherwise; and you shall hinder and forbid the Execution of that illegal Commission, and, in all Places, to the utmost of your Power, (fn. †) endeavour to restore and preserve the Peace of the Kingdom.

"5. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall take from the said Rebels and Traitors, and their Adherents, all such Arms, Ordnance, and Ammunition, and Goods, as they have taken from any of His Majesty's Subjects, and restore the same to the Owners; and, if any of those Arms, Ordnance, Ammunition, or other Goods, so taken, be wasted, spent, consumed, or so concealed from you that you cannot come to the same, then you, or any One of you, shall, in Lieu thereof, cause due Recompence to be made to the Parties grieved, out of and with the Offenders Goods.

"6. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall take Care, that such Resolutions and Orders of both Houses as have been, or shall be, made and delivered, or sent down to you, or any of you, be put in Execution; and shall require the Sheriffs and Justices of the Peace, and all other His Majesty's Officers and Subjects of the said County, to be aiding and assisting unto you, and every of you, for that Purpose; and if any of them shall refuse or forbear to be aiding and assisting to you therein, you, or any One or more of you, shall them apprehend and imprison, and send up to the Parliament, or otherwise dispose of them, for further Punishment, as to Justice shall appertain.

"7. You the said Deputy Lieutenants shall likewise declare unto all Men, 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 never did, know of any Evil intended towards His Majesty's Person, which might move Him to require any Army or extraordinary Guard; that His greatest Safety is in the Affections and Fidelities of His Subjects, and in the Advice and Counsel of His Parliament, and His greatest Danger 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.

"8. And you the said Deputy Lieutenants and Inhabitants, or any or more of you, shall, in the Name of the Lords and Commons, publish, or cause to be published, throughout the said County, the Declarations already commanded, or hereafter to be commanded, to be published by both Houses of Parliament; and you, and every of you, shall endeavour to clear the Proceedings of the Parliament from Imputations and Aspersions; and shall from Time to Time certify the Speaker of the House of Commons of all Things which you conceive necessary for the present Service: And that a speedy Account thereof may be made, and that the Directions of the Lords and Commons to you, as well as your Advertisements to them, may have a clear and speedy Passage, you, and every of you, shall lay a strict Charge upon all Post-masters, Messengers, and others, that they do not suffer any Letters, or other Dispatches, to or from the Parliament, or any other employed in their Service, to be intercepted or stayed; and, if any shall presume to make Stay of such Dispatches, you, and every of you, shall direct the Post-masters to repair to the Justices of Peace, Constables, and other Officers, for their Aid and Assistance, who are hereby required to take special Care that there be no such Interruption.

"9. You the said Deputy Lieutenants and Inhabitants, or any Two or more of you, are hereby authorized and required forthwith to disarm all Popish Recusants, and other dangerous and ill-affected Persons, as well Clergymen as others, as have testified, or shall testify, their ill Dispositions to the Peace of the Kingdom and Proceedings of Parliament; and all such Arms, and all other Arms formerly taken from Popish Recusants, shall be employed by you, for the Defence of the said County, and shall be put into the Hands of such as you, or any Two or more of you, shall conceive to be Persons well-affected in Religion, and to the Peace of the Kingdom and the Proceedings of Parliament.

"10. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall take Care that none of the Recusants Arms, or other Ammunition of the said County, shall be taken or carried out of the same, upon any Pretence or Command whatsoever, without Warrant from both Houses of Parliament, or Authority derived from them; and you, or any One or more of you, shall apprehend, and imprison in such Places as you shall think meet, all such Popish Recusants in the said County, as do not confine themselves to their Dwelling-places, according to the Statute in that Case provided.

"11. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall seize and take into your Custody the Public Magazines of the said County; and the same shall be disposed and employed, for the Defence of the County, in such Manner, as shall be thought fit by the said Sir Will'm Brereton, One of the Members of the House of Commons; or, in his Default or Neglect, then by any Two or more of the said Inhabitants, and any Three or more of the said Deputy Lieutenants.

"12. And you the said Deputy Lieutenants, or any Two or more of you, are likewise to give Charge from both Houses (fn. *) of Parliament, to all Colonels, Captains, Lieutenants, and all other Officers for the Militia, that they shall be observant to such Directions as they shall from Time to Time receive from the Lord Lieutenant of the said County, or his Deputies, or any of them, for the due Performance of any the Commands of the said Houses.

"13. You the Deputy Lieutenants and Inhabitants, or any One or more of you, shall resist and repel, and are hereby authorized to resist and repel, by the Power of the said County, and all other Ways and Means, all such Force and Violence as shall be raised or brought, by any Person or Persons, to the Hindrance or Disturbance of this present Service, or for the arresting or seizing of the Persons of you, or any of you, or any other which shall be employed in Performance of the Ordinance, Instructions, and Commands of both Houses of Parliament, for any Thing done in Execution thereof; and the Sheriffs and Justices of Peace of the said County, and all other Officers and Subjects, are hereby required to be aiding and assisting to you, and every of you, for the better and more speedy Execution of the Premises.

"14. You the said Deputy Lieutenants and Inhabitants, or any Two or more of you, shall, with the Consent of any Two of the said Deputy Lieutenants, have Power and Authority to fortify the City of Chester, or any other Place of the said County, in such Manner and Sort as you, or any Two or more of you, with the Consent of any Two of the said Deputy Lieutenants, shall think fit, for the Safety of the said County; and, for the more Security of the same, shall set such several Guards and Forces in all Places and Towns of the said County, as you, or any Two or more of you, with the Consent of any Two of the said Deputy Lieutenants, shall think fit and requisite; and to cause the Beacons within the said County to be watched, guarded, and fired, as Occasion shall require.

"15. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, and every other Person or Persons to be thereunto nominated and appointed by you or any One or more of you, shall or may call together the Inhabitants of the said County, at such Times and Places as you or they shall think fit, and propound to them what Horse, Men, and Arms, they will find and maintain, and what Money, Plate, Horse, or Victuals for Horse and Man, they will give, lend, or advance, for the Defence of the said County of Chester and the Kingdom of England; and to take their Answers and Subscriptions, and to appoint Treasurers for those Monies, Plate, and Victuals, and Commissioners for the valuing of the Horse, Arms, and Victuals, the receiving and listing and enrolling thereof; which Treasurers and Commissioners are hereby required to receive, issue forth, and employ, all the said Money, Plate, Horses, Arms, and Victuals respectively, in such Manner, as by Warrant from you, or any Two or more of you, shall be appointed, for providing of Ammunition for War, and for Payment of Officers or Soldiers, or for any other Things necessary for the Defence of the said County or Kingdom; and whosoever, within the said County, shall bring in any Money, Plate, Horse, Arms, or Victuals, or shall furnish or maintain any Men, Horse, or Arms, for the Service of the said County or Kingdom, shall have their Money repaid with Interest, according to Eight Pounds per Cent. and the full Value of their Plate, with Consideration for the Fashion, not exceeding One Shilling per Ounce; and shall have full Recompence for all their Charge, in finding, furnishing, and maintaining, of Men, Horse, and Arms; and for this, both Houses of Parliament do engage the Public Faith; and a Signification of the said Treasurers, or any Two of them, for the Receipt of the said Monies and Plate for the Purposes aforesaid, shall be a sufficient Ground for the Parties so lending Money or Plate to demand the same again, with Interest, and Consideration for the Fashion of the Plate; and a Signification under the Hands of the said Commissioners, for the valuing of the said Horses, Arms, and Victuals, or any Two of them, of the Values of the Horse, Arms, and Victuals, and of the Time when they were first brought in, shall be a Warrant to demand Satisfaction, according to those Values; and they shall keep an Account of the Time from the first Enrollment of any such Horse and Horsemen, that such as find and maintain them may be re-paid, according to the Rate of Two Shillings Six Pence per Diem, for so long Time as they have maintained them in this Service.

"16. And you the said Deputy Lieutenants and Inhabitants, or any One or more of you, are hereby authorized and required to apprehend, and send up to the Parliament, all such Persons, in the said County of Chester, as by both or either Houses of Parliament are or shall be voted Delinquents.

"17. You the said Deputy Lieutenants, or any Three or more of you, whereof the aforesaid Member of the House of Commons to be One, shall or may, in the Absence of the Lieutenant of the said County, make and appoint such Colonels, Captains, and other Officers, as shall be requisite for the Service and Defence of that County; and to remove them out of their Places, and to make others, from Time to Time, as you shall think fit for that Purpose.

"18. You the said Deputy Lieutenants or Inhabitants, or any One or more of you, shall or may cause and require strong Watches and Wards to be set, by the Constables, or such other Persons as you shall think meet, in all convenient Places in that County, for the Peace and Safety thereof.

"19. You the said Deputy Lieutenants, or the greater Part of you, whereof the aforesaid Member of the House of Commons to be One, may join in Association with the adjacent Counties, for the mutual Defence of each other's County; and, for that Purpose, you, or any of you, shall have Power to conduct and lead, or to cause to be conducted and led, any Force out of the said County of Chester, into any other County or Counties whatsoever, as shall be expedient for the Service; and to require and receive into the said County of Chester, out of and from any other Counties or Place, the Aid and Assistance of any Persons or Forces whatsoever.

"20. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall or may apprehend and imprison all such Persons as shall oppose you, or refuse to obey you, in the Premises respectively; and to send him or them in safe Custody up to the Parliament, or any Committee of Parliament, to be proceeded with according to Justice.

"21. You the said Deputy Lieutenants and Inhabitants, and every of you, shall observe and execute all such further Directions and Instructions as you shall from Time to Time receive from both Houses of Parliament; and whatsoever you shall do therein, or any other Person in Aid or Assistance of you, it shall be accepted of as good and acceptable Service to the Kingdom; and for their and your so doing, they and you shall be defended and protected by the Authority of Parliament; and the Resolution of the Lords and Commons to protect those that shall obey and further their Commands, you shall publish and declare, upon all Occasions, for the better Encouragement of the Subjects of this Kingdom in that Behalf.

"22. You the Deputy Lieutenants, or any Two or more of you, shall publish and declare, that, if any who have assisted the Commissioners of Array and their Adherents, in Execution of any Thing contrary to any Ordinance or Order of both Houses of Parliament, shall willingly, within Ten Days after Publication made, by you, or any of you, return to their Duty, not doing any hostile Act within the Time limited, and bring in their Arms to you, or any One or more of you, and join themselves with the Parliament, in Defence of Religion, His Majesty's Person, the Liberties and Laws of the Kingdom, and Privileges of Parliament, with their Persons and Estates, that the Lords and Commons will be ready, upon their Submission, to receive such Persons, in such Manner as they shall have cause to acknowledge that they have been used with Clemency and Favour; provided, that this shall not extend to admit any Man into either House of Parliament, who stands suspended, without giving Satisfaction to the House whereof he shall be a Member; and except all Persons who stand impeached, or particularly voted in either House of Parliament, for any Delinquency whatsoever; excepting likewise such Adherents of those who stand impeached in Parliament of Treason, as have been eminent Persons and chief Actors in those Treasons; and except the Earl of Bristoll, the Earl of Cumberland, the Earl of Newcastle, the Earl Rivers, Secretary Nicholas, Mr. Endymion Porter, Mr. Edw. Hide, the Duke of Richmond, the Earl of Carnarven, the Lord Viscount Newarke, the Lord Viscount Falkland.

"23. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall take and seize all such Rents, Goods, and Chattels, as shall belong to any that are in Arms against the Parliament; and shall put the same into such Hands as shall be answerable and accountable for the same; and thereof shall send a perfect Schedule to the Speaker of the House of Commons.

"24. You the said Deputy Lieutenants and Inhabitants, or any One or more of you, shall take away the Arms and Horses of such as shall refuse to contribute Monies, Plate, or Horse, Men, or Arms, upon the Propositions; and you shall force all Papists and Persons disaffected to the Parliament to contribute to the Maintenance of the Army.

"25. You the said Deputy Lieutenants, and every of you, shall take Care that the Armies, under your or any your Conducts or Commands, be governed according to the Laws and Ordinances published by his Excellency the Earl of Essex; and to pay them out of such Monies as shall be paid upon the Subscriptions, or otherwise upon the Contributions, and upon the Estates of such as are in actual Service against the Parliament, or have contributed any Supplies for the Maintenance of it.

"26. You the said Deputy Lieutenants, or any Three of you, shall have Power to take into the Protection of the Parliament such as shall bring in their Arms, and forsake the Party of the Commissioners of Array and their Adherents, against the Parliament, so as they be not Papists or Delinquents declared by both Houses of Parliament, or by either of them.

"27. And lastly, all such Victuals, Money, Plate, Arms, Ammunition, and Provision for War, as shall be raised or brought in by Virtue, Means, or Occasion of this Ordinance, or any Thing therein contained, or as shall be sent down unto you the said Deputy Lieutenants and Inhabitants, or any of you, by Direction or Appointment of both or either the Houses of Parliament, or of any Committee of both or either Houses of Parliament, shall be employed and bestowed in such Manner as shall be agreed, directed, and appointed by the said Sir Wm. Brereton, One of the Members of the House of the House of Commons; or, in Default or Neglect, then by Three or more of the Deputy Lieutenants, by Warrant under their Hands in Writing."

"Die Lunæ, 9 die Januarii, 1642.

"Ordered by the Lords and Commons in Parliament assembled, That these Instructions shall be forthwith printed and published.

"John Browne,

"Cler. Parliamentorum."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Deest in Originali.
* Origin. forced.
* Deest in Originali.
* Deest in Originali.
Origin. and endeavour.
* Deest in Originali.