March 1650: An Act for Establishing an High Court of Justice.

March 1650

[26 March, 1650.]

Commissioners to be a High Court of Justice.; Their power to hear and punish all offences against Articles following.

For the preservation of the Common Peace, and for the better preventing of the miseries of a new and bloody War endeavoured to be stirred up by wicked practices and correspondencies of the Enemies of this Commonwealth; and to the end an effectual course may be setled by the timely punishing of any Contrivers or Actors in such pernicious Designs, Be it enacted by this present Parliament, and by the authority of the same, that Richard Keeble, one of the Lords Commissioners for the great Seal of England, William Steel Esq; Recorder of London, John Green Serjeant at Law, John Parker Serjeant at Law, Matthew Sheppard Esq; William Underwood Esq, John Hayes Alderman of London, George Langham Esq, John Langley Esq; Samuel Moyer Esq; Maurice Thompson Esq; Richard Shute Esq; Mark Hildesley Alderman of London. Thomas Allen Esq; Daniel Taylor Esq; Edmund Waring Esq; Nathaniel Lacy Esq; John Stone Esq; Cornelius Cook Esq; William Wybeard Esq; John Blackwel Esq; Nathaniel Whetham Esq; Silvanus Taylor Esq; Thomas Ayres Esq; Edward Cresset Esq; William Pennoyer Esq; Ralph Harrison Esq; Richard Downs Esq; Maximilian Beard Esq; John Harrison Esq; John Sparrow Esq; William Web Esq; Thomas Cook Esq; Robert Titchborn Alderman of London, Owen Rowe Esq; Thomas Pride, Thomas Saunders, Thomas Shilburn Esqs; Thomas Andrews Alderman of London, Nicholas Martin, Josias Berners, John Hardwick, Robert Norwood, Stephen Eastwick, Esqs; Thomas Noel Alderman of London, Thomas Arnold, Thomas Brown senior, William Bartlet Esq; Sir John Thorowgood of Kensington, Knight; William Parker, Esq; Solomon Smith Esq; Thomas Hubbard Esq; Sir Richard Saltonstal, Knight; Sampson Sheffield Esq; Sir William Rowe Knight, George Manley, George Cooper, Abraham Babbington, Esqs; Sir Henry Holcroft Knight; Richard Saltonstal Esq; William Weston, Robert Warcup, Esqs; Richard Graves, John Sadler, John Hurst, Esqs; or any twelve or more of them, shall be Commissioners; And shall have full power and authority and are hereby authorized and required to hear and determine all such Matters, Crimes and Offences, contrary to the Articles in this present Act mentioned, and to proceed to the Tryal, Condemnation and Execution of all Offenders against the said Articles: And to inflict upon the Offenders such punishment, either by death or otherwise Corporally, as the said Commissioners or the major part of them then present shall judge to appertain to Justice, according to the nature of the Offence, and Articles ensuing.

None to communicate with Royal Family or adherents.

First, No person or persons whatsoever shall from and after the Nine and twentieth day of March, One thousand six hundred and fifty, voluntarily repair or go from England or Ireland or any other the Dominions of this Commonwealth, or any parts thereof, unto the person of Charls Stuart, eldest son to the late King, or to the person of the late Queen their Mother, or to any the Councel abiding with them or any of them; or shall give or hold any Intelligence by Letters. Messages or otherwise with them, or any of them, pre judicial to the Commonwealth of England, or with any whatsoever that are or shall be in Arms against the Parliament of England; or shall bring or send into England or Ireland, or any the Dominions of this Commonwealth, or receive into any the parts thereof, any Letters, Messages, or Instructions tending to the raising of Insurrections or a new War within this Nation, and shall not forthwith reveal the same to the Speaker of the Parliament, or to the Councel of State, or any two of the Members thereof, or any two Justices of the Peace; or shall keep or hold any Intelligence whatsoever with the said Charls Stuart, James Stuart, the late Queen their Mother, or any of them, without consent of the Parliament, or Councel of State by their Authority, or of the Lord General of the Forces of this Commonwealth, or of the Lord Lieutenant of Ireland.

Plots to betray cities, ships, etc., in power of Commonwealth punishable by death.

Secondly, whosoever hath or shall plot, contrive or endeavour the betraying, surrendring or yielding up any Cities, Towns, Forts, Magazines, Ships, Vessels or Forces by Sea or Land, belonging to this Commonwealth, shall be punished with death.

None to harbour delinquents.

Thirdly, no person or persons whatsoever shall voluntarily relieve any person being, or that shall be in Arms against the Parliament, with any Money, Victuals or Ammunition, upon pain of death or other Corporal punishment, at discretion; or shall voluntarily or knowingly harbour or receive any that shall be in Arms as aforesaid, upon pain of punishment at discretion.

Mutinous assemblies

Fourthly, no Officer, Soldier, or other Person whatsoever, shall make any mutinous Assemblies, or be assisting thereunto upon pain of death.

Suffering prisoners of war to escape.

Fifthly, no Guardian or Officer of any Prison shall wilfully suffer any Prisoner of War to escape, under pain of death; or negligently under pain of Imprisonment, or further pain at discretion.

Death for taking up arms against Parl and for deserters.

Sixthly, whosoever shall voluntarily take up Arms against the Parliament or Commonwealth of England, or encourage any thereto, shall dye without mercy.

Seventhly, whatsoever Officer or Soldier, Seaman or Marriner, hath or shall desert their trust, or encourage others so to do, and adhere to the Enemies of the Parliament, shall dye without mercy.

Commissioners may also proceed against persons for offences against several Acts here mentioned.; Further powers.; Assistance.; Commissioners' Oath.

Eighthly, That the said Commissioners shall have power to proceed against any person or persons for the several Offences mentioned in one Act of this present Parliament, entituled, An Act prohibiting the Proclaiming of any Person to be King of England or Ireland, or the Dominions thereof; and in two Acts of this present Parliament, each of them entituled, An Act declaring what Offences shall be adjudged Treason; one other late Act for removing and confining of Papists and other Delinquents; and the late Act made against scandalous and unlicensed Pamphlets, according to the respective penalties mentioned in the said several Acts. And it is hereby further Enacted by the Authority aforesaid, That the said Commissioners, or any twelve or more of them, shall be and are hereby authorized and constituted an High Court of Justice, to meet and sit at such convenient time and place, from time to time, as by the said Commissioners or the major part of twelve or more of them under their Hands and Seals, shall be appointed and notified by publique Proclamation in the Great Hall or Palace Yard at Westminster, and to adjourn from time to time, and place to place, as the said High Court or the major part thereof meeting shall hold fit; and to take order for the charging of Offenders, with all or any of the Crimes, matters and things contained in the Articles above-mentioned, and for the receiving their personal answer thereunto, and for the examination of Witnesses upon Oath (which the Court hath hereby authority to administer) or otherwise, and taking any other Evidence concerning the same; and thereupon, or in default of such answer, to proceed to final Sentence, according to Justice, and the merit of the cause, and such final Sentence to execute, or cause to be executed speedily and impartially: And the said Commissioners or any twelve or more of them, shall have power and authority to appoint all Officers needful for the putting in execution the matters and things in this Act contained. And it is hereby further Enacted, That all Mayors, Sheriffs, Justices of the Peace, Constables, Bayliffs and other Officers, and all Officers and Soldiers of the Army, and other the good People of this Commonwealth shall be ayding and assisting to the said Commissioners in any of the premises. And be it further Enacted, That every of the Commissioners before named, before he shall do or execute the office of a Commissioner by vertue of this present Act, shall take the Oath ensuing; (viz.)

You shall Swear, that you shall well and truly, according to the best of your skill and knowledge, execute the several Powers given unto you by this present Act.

And the Lords Commissioners for the Great Seal of England, or any one of them, are hereby authorized to administer the said Oath accordingly. Provided that this Act, nor anything therein contained, shall extend to the diminishing or lessening any power or authority formerly given to the Lord General, or his Councel of War; or to the Generals at Sea by Authority of Parliament, for the execution of Martial Law. Provided, That this Act, and the Authority hereby given, shall endure and have continuance to the Nine and twentieth of September, One thousand six hundred and fifty, and no longer