But the tide soon turned. Byron failed in an assault on Nantwich 18 Jan. 1643–4; the besiegers confidently awaited the approach of Fairfax with his Yorkshire horse and Manchester foot, soon to be joined by the Staffordshire and Derbyshire levies of Sir William Brereton. A sudden thaw, swelling a little river that ran between the divisions of the royal army, gave the signal of disaster. The part under Byron's command had to march four or five miles before it could join the other, which had meanwhile been broken by Fairfax (28 Jan.) The chief officers, 1,500 soldiers, and all their artillery were taken, and Byron sadly retired to Chester. Prince Rupert now took separate command of the royal forces in Cheshire and the adjacent counties, with Byron as his lieutenant. Sir Abraham Shipman was made governor of Chester. Lands belonging to roundhead ‘delinquents’ were to be sold, and the administration of this fund was vested in Byron, who not long after was made governor by special commission from Rupert (Harl. MS. 2135, f. 30). It was a slippery and thankless post. There had been talk of appointing one Alderman Gamul, and Byron had successfully fought off the proposal on the ground that ‘if he be admitted the like will be attempted by all the corporations in England’ (Add. MS. 18981, f. 51). In October 1644 he complains that he has not as heretofore the sole command in Rupert's absence, ‘but there are independent commissions granted without any relation to me’ (ib. 287). He disclaims any envy at the power Rupert had given William Legge, who appears to have superseded him for a while as governor of the city, but demurs to command being also given him over the counties of Cheshire, Flint, and Denbigh. Though Legge has ‘ever been his good friend,’ Byron feels the slight so keenly that he begs to be recalled ‘if I be not worthy of the command I formerly had.’
Chester was in a sad condition. The merchants had been impoverished. To improve the fortifications the suburbs had been burnt, and their inhabitants were forced into the already crowded city. The soldiers lived at free quarters, and their hosts often fled from their houses, for the men (against orders) wore their weapons at all times. They plundered the houses of citizens when the owners were at church, and pawned the goods. They robbed in the highway, killed cattle in the fields, and wantonly ripped open the corn sacks on their way to market (Harl. MS. 2135). The troops sent by Ormonde had an evil reputation. Impressment was another grievance. Notwithstanding the claim (allowed by Rupert) of exemption from all service outside the city by special privilege granted by Henry VIII, ‘the garrison was divers times drawn forth, and threatened to be hanged if they did not go, though most of them were sworn citizens.’
In July 1644 Byron repeated his error of Edgehill at Marston Moor. He was in the front rank of Prince Rupert's division on the right wing. Stationed by a ditch, he charged across it, instead of waiting for the enemy to reach his own position (Sanford, Studies, 599; Markham, Fairfax, 163–7). ‘By the improper charge of Lord Byron much harm was done’ is the comment in Prince Rupert's diary.
In August Byron had his share in the defeat of Sir Marmaduke Langdale's northern horse, near Ormskirk, on their march southward. He had come from Liverpool ‘on a pacing nag, and thinking of nothing less than fighting that day.’ He had narrowly escaped capture as he tried to rally the flying rout. He lays the blame on the brigade of Lord Molyneux, which fled at the first charge, and fell foul with such fury on his regiment that they utterly routed it. Legge, however, writes (22 Aug. 1644) that ‘my Lord Byron engaged the enemy when he needed not,’ and gives Langdale credit for saving Byron, bringing off his own men, and retreating without the least disturbance’ (Warburton, Prince Rupert, iii. 21). Both agree that the fatal selfishness of the Lancashire men in resolutely diverting the war from themselves had lost the north. After the surrender (in September 1644) of Montgomery Castle by Lord Herbert of Cherbury, Byron tried to help Sir Michael Ernly to regain it. But Sir William Brereton came to its relief, and the governor of Chester returned thither. Byron was defeated by Brereton at Montgomery 18 Sept. 1644 (Rushworth, v. 747). Byron now found that many who heretofore were thought loyal upon this success of the rebels had either turned neuter or had wholly revolted to them. Liverpool was threatened. The officers were ready to endure all extremities rather than yield, but the soldiers, for want of pay, ‘are grown extreme mutinous, and run away daily’—the old story.
In May 1645 the king marched to the relief of Chester; Byron met him at Stone, Staffordshire, with the news that the rebels had retired, and Charles turned back and took Leicester, his last success. That summer came Naseby, and the autumn brought Rupert's loss of Bristol (10 Sept.) and Montrose's defeat at Philiphaugh (23 Sept.) The king again made his way into Chester with some provision and ammunition, but from the Phœnix tower of the city wall he beheld
