A DECLARATION AND ORDINANCE Of the LORDS and COMMONS Assembled in Parliament, For the better securing and setling of the peace of the County of Kent, and for enabling them to associate with the City of London, or any other Counties adjacent. And to raise Forces within the said County, as well Horse as Foot, and therewith to give, or cause battell to be given to all such forces as are or shal be raised without the consent of both houses of Parliament; and all such persons with their Abbettors and Adherents to invade, resist, put to flight, pursue, suppresse, kill, slay, put to execution of death, and by all means to destroy, as enemies to the Kingdom.

Likewise, Instructions for the Lord-Lieutenant, Deputy-Lieutenants, and other Offiers, and Commanders in the County of Kent. And, that every person which shall be im­ployed as Souldiers in this service, of the age of 16. yeers and up­wards, shall solemnly take an Oath, to be approved of by the Parliament, and they that wilfully neglect the same shall be proceeded against as Delinquents, and enemies of the peace of the Kingdom.

Die Martis, 30 Maii. 1643.

ORdered by the Lords and Commons assembled in Parliament, that this Declaration and Ordinance with the Instructions shall be forthwith printed and published.

J. Brown Cler. Parliamentorum:

LONDON, Printed for I. Wright in the Old-baily, Iune 1. 1643.

Die Martis, 30 Maii. 1643. A Declaration and Ordinance of the Lords and Commons in Parliament, for the better securing and setling of the Peace of the County of Kent, and for enabling them to associate with the City of London, or any other Counties adjacent.

THe Lords and Commons now in Parliament assembled, being certainely informed, and by sad experience finding it true, That divers Papists, Traytors, Delinquents and other persons ill affected to the King and Par­liament, have Trayterously combined and associated themselves in this Kingdome, for the utter extir­pation of the true Protestant well affected party therein; And for that end have raised and daily doe raise great Forces both of Horse and Foot, and have plundered, spoyled, and de­stroyed multitudes of His Majesties good Subjects, using also their utmost endeavours to bring in to their assistance Forraigners of their owne Faction, All which if not spéedily prevented will utterly subvert the true Protestant Religion, (which is their chiefe designe) the Lawes of the Land, the priviledges of Parliament, and the Liberty of the Subject: For the timely preventing and withstanding of which mis­chievous designes, the well affected of the County of Kent, have been and still are desirous to have a considerable move­ing body of Horse and Foot raised and maintained at the [Page]charge of the said County, and to enter into association for the mutuall defence and preservation of the peace of the said County, and of all those that shall joyne with them therein: The said Lords and Commons doe thereupon declare that they hold it a thing most fit and necessary for the present state of the kingdome, and security of the said County of Kent; And do ordaine and declare, and be it ordained and declared by the said Lords and Commons, that the Lord-Lieutenant and Deputy-lieutenants, Collonels, Captaines, and other Offi­cers that are or shall be imployed in the said County of Kent, the County and City of Canterbury, and Cinqueports, 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 foresaid ends and purposes, and also for the forcing and compelling refractory persons to yeeld obedience unto the Orders and Ordinances of either or both Houses of Parlia­ment, shall have full Power and Authority, and are hereby authorised to raise, arme, and maintaine a moving body of Foot, consisting of one Thousand or more Voluntiers, where­of none to be of the Trained-bands; and one or more Troope or Troopes 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 Ge­nerall over the said Forces, and to give full power and au­thority to the said Major Generall, in case of sicknesse or dis­ability of body, from time to time constitute and appoint in his stead such trusty and able person as he shall thinke fit to be his Deputy, and in his absence to doe all things belon­ging to the Office of a Major Generall: And the said Lord-lieutenant, and Deputy-Lieutenants, or any seaven or [Page]more of them, shall be, and are hereby authorised to Consti­tute and appoint Collonels, Lieutenant-collonels, Serjeant-maiors, Captaines, and other Officers over the said Forces: and from time to time, in and into all convenient places to Leade, Conduct, Quarter, and Exercise, or cause to be lead, conducted, quartered, and exercised, the said Forces, or any part thereof, and therewith to give or cause battaile to be given to all such Forces 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 Maiesties good Subiects, And all and singular such persons, their abbettors, and adherents, to in­vade, resist, put to flight, pursue, suppresse, kill, flay, put to execution of death, and by all meanes to destroy as Enemies to the kingdome: And to performe, and cause to be perfor­med all things else which they shall in their iudgements thinke néedfull, as well for the preservation and safety of the peace of the said County and places aforesaid, as of all those which shall ioyne 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 Earle 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 imployed in that service, in what they have any way al­ready done towards the preparing and perfecting so necessary a worke, or shall hereafter doe or performe in pursuance there­of, shall be saved and kept harmlesse by the Power and Au­thority of Parliament: And the said Lords and Commons doe hereby Declare and Ordaine, that neither the said Forces, nor any part of them shal or may at any time [Page]be removed out of the said County without speciall Or­der and Direction from both Houses of Parliament, or from his Excellency the Earle of Essex, unlesse it be to the ayd and assistance of the Counties with whom they shal enter in­to association, and in pursuance of their said association: And for the better ordering and mannaging of the said Forces of Horse and Foote, 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 Souldiers of the said Forces, as his Excellency the Lord Generall hath done in his Army, and to compell 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 spéedy meanes may be u­sed for the furnishing and providing of Horses, Armes, and Ammunition, making Fortifications, payment of Officers, and other necessary charges, And for the repayment of all such sums of money as are or hath béen already, or shall be advan­ced and subscribed, towards the forwarding of this worke: It is hereby declared and ordained, That forthwith, and from time to time untill the said Forces shall by authority of both Houses be disbanded, there be raised by way of taxe or rate within the said County and places aforesaid such sums of mo­ney for the intents aforesaid, as to the Lord-lieutenant, De­puty-lieutenants, or any seven or more of them shall be thought requisite and necessary: And that the Deputy-Lieutenants or any thrée or more of them after thrée moneths next ensuing the first sessement made by vertue of this Ordinance, shall issue forth their severall Warrants unto such persons as by them or any three of them have béen or shall be constituted and ap­pointed Treasurers or Receivers of such sums of money as have béen, or at any time hereafter, before the said sessement or [Page]any leavies thereupon made, shall be lent towards the advance­ment of this worke for the repayment of the same unto the lenders thereof, they the said lenders produceing the Acquit­tance or Acquitances of the said Treasurers or Receivers for the said moneys lent as aforesaid.

Instructions for the Lord-lieutenant, Deputy-lieutenants, and others Officers and Commanders in the County of Kent, the City and County of Canterbury, and the Cinqueports, and members there­of, within the said County of Kent.

I. THat the Lord-Lieutenant and Deputy-Lieutenants of the said County of Kent, of the City and County of Canterbury, the said Cinqueports and members of the same, or any two or more of them, doe with all convenient speed summon the severall Gentlemen, Freeholders, and other In­habitants thereof, as well within the Liberties and Corpora­tions as without, that doe beare, or are able to beare or finde Armes 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 Armes and Forces may be raised, besides the Trained-bands in the said Counties and places, and examine the defects of Armes and Ammunition, and to consult of some sitting course how to have the want of Armes 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 beare or finde Armes, or to contribute towards the same, what present and iminent danger and necessity the Kingdome 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 perswade and stir them up to joyn in a mutuall defence of one another, and of all that shall associate with them, to give, provide, fur­nish [Page]lend, or advance, Horse, Money, Plate, or Armes, towards the defence & 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.

II. And for the better leavying of all sums to be assessed and set upon the said Counties and places, for the defence and preservation of the same as afore said, the said Lord lieute­nant and Deputy Lieutenants of the said Counties and places aforesaid, or any two or more of them shal and may assesse and taxe, or cause to be assessed and taxed the said sum and sums upon the severall Cities, Corporations, Lath, Rapes, Wapen­takes, Hundreds, Townes, Hamlets, and Villages in the said Counties and places aforesaid; And that they or any two or more of them shal 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 feales in writing to any Constable, Officer, or any other person or persons whatsoever to raise and leavy the said sum and sums so to be assessed and taxed as a­foresaid, by distresse, sale of goods, or by such other waies or means, as to the said Deputy-lieutenants, or any two of them shal 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 distresse is or may be found, then the said Deputy-lieutenants or any two or more of them shall and may commit such person & persons so refusing & neglecting to pay as aforesaid, to some common Goale, or to such other place as the said Deputy-lieutenants or any two of them shal think fit, there to remaine without baile, or mainprize, untill payment be made of such sum and sums as abovesaid, wherein speciall care shal be had and used that such sum and sums of money shall be impos [...]d, taxed and lea­vied [Page]upon all Papists, Delinquents, and such who have either contributed nothing upon the subscriptions & Propositions, or very small and inconsiderable sums as may in proportion e­quall the subscriptions and contributions of those who are wel affected and have already liberally contributed and sub­scribed.

III. That all Sheriffs, Justices of the peace, Majors, Bayliffs, Constables, and all other His Majesties Officers, as well within Liberties as without, be from time to time aiding and asisting unto the said Lord-lieutenant, & Deputy-lieutenants in exe­cution of the power now or heretofore to them given by both Houses of Parliament; And if they shal refuse or forbeare to be aiding and assisting to them therein, that the said Lord-lieute­nant and Deputy-lieutenants, or any one or more of them, shal 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 appertaine.

IV. That if any person or persons being nominated or appointed Sessors or Collectors by vertue of this Ordinance, shall refuse or neglect to be aiding and assisting in execution of such office so enjoyned 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 Sessor so refusing or neglecting the said Service, the sum of ten pounds by way of mulct; and for his second refuse all or neglect, shall punish him with imprisonment till he shall conform himselfe.

V. That the said Lord-Lieutenant and Deputy-Lieute­nants, or any two or more of them, doe 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 [Page]of both Houses heretofore granted to them & now in forces And for that purpose, that they, or any two, or more of them, shal have power and authority to Arm, Exercise, Train, and put in readi­nesse, 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 vertue of this present Ordi­nance, as aforesaid, and them under the command of such Co­lonels, Lieutenant-Colonels, Sergeant-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 forraigne 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 lea­vie, or endeavour to leavie, or billet any Souldiers, or raise, draw forth, or keepe 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 Seale, or otherwise, without order or consent of both Houses of Parliament, That they the Lord-Lieutenant and Deputy-Lieutenants, and every of them, are to make knowne to the said Trained-bands and Forces aforesaid, and other Inhabitants of the said Counties and pla­ces aforesaid, that those who shall appeare upon any such War­rant, or obey any such Commission shall bee held enemies to the publique peace; And those that shall not appeare upon any such Warrant and Commission, nor doe any thing in ex [...]cu­tion thereof, but conforme and submit themselves to the Ordi­nance of the Militia, and to this Ordinance and the Instructions thereupon, shall be protected by both Houses of Parliament, and [Page]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 Majesties safetie; and that they do not, nor never did intend any evill against His Majesties P [...]son, His Crown, or Dignity, that His greatest safety is in the Aff [...]cti­ons and fidelity of His Subjects, and in the Advice and Councell of His Parliament. And His greatest danger is in withdrawing Himselfe from them, and joyning Himselfe to such dis [...]aff [...]cted 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 h [...]zard of ruining Religion and the whole Kingdom.

VI. 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 signe or grant any Warrant or War­rants for the issuing or paying of any sum or sums of Money, but for the furnishing of Horses, Armes, and Ammunition, making Fortifications, paiment of Officers and Souldiers, or r [...]parment of the Money already advanced or to be advanced by loane for this Service, or other necessary charges tending to the safety and pre­servation of the said Counties and places aforesaid, and not otherwise.

VII. That the said Lord-Lieutenant and Deputy-Lieute­nants, besides the Magazines 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 vertue 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 [Page]the said Armes and Ammunion 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 publike Maga­zines for the said Counties and places aforesaid.

VIII. 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 Moneys 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 this 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, compell all Papists, Delinquents, and persons dis [...]affected to the Parlia­ment, to contribute in proportion to their estates to the main­tenance of the Army raised in defence of the Parliament and Kingdome, and to the Forces raised or to be raised by vertue of this present Ordinance and Instructions.

IX. 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 vertue 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 Lawes and Ordinances published by his Excel­lencie the Earle of Essex, and bee paid out of such Moneys as shall be leavied and paid upon this Ordinance and Instructions.

X. That all and every person and persons wch are or shal be im­ploied as Souldiers in this service, or wch are of the age of sixteen yeers▪ or upwards, inhabiting in the Counties and places afore­said▪ shall for the better securing and uniting thereof, solemnly take such Covenant or Protestation, or forme 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: [Page]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.

XI. That to the end all Orders and Ordinances of Parlia­ment may be better divulged, & intelligence received and given from and to the Parliament, and that the said Lord-Lieutenant and Deputy-Lieutenant may upon all occasions receive Infor­mations concerning the state of the said Counties and places aforesaid, and determine and advize concerning the same. It is therefore ordained, That the said Deputy-Lieutenants be here­by enjoyned constantly to conveene once every moneth at the least in some one convenient place of the said Countie during the time of these publique distractions.

Lastly, for the better securing of all such Inhabitants of the said County 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 proceedings thereof, or for whatsoever other cause shall be thought fit by the said Deputy-Lieutenants, or any two of them, to be committed and remaine in safe custo­die: The said Deputy-Lieutenants, or any two of them, are hereby authorized to apprehend, or by their Warrant cause to be apprehended, and to commit all and singular such persons as aforesaid unto the next Goale, or to such other place or places as the said Deputy-Lieutenants, or any two of them shall thinke fit.

FINIS.

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