April 1645: An Ordinance for constituting Commissioners and Councel of War in the County of Kent, for punishing, either by Death or otherwise, such persons as were in the late Rising in the said County.

April, 1645

[23 April, 1645.]

Whereas divers Malignant and ill affected persons have lately endeavored to surprise the Castle of Dover, and since that at several times and places traiterously assembled themselves together in a Warlike manner in the County of Kent, and aswel by secret practises and contrivances, as by open force, attempted to Leavy War against the Parliament, and made Uproars, and raised Seditions in the said County; For the due punishment thereof, and for the preventing the like for the time to come, and that execution may be done upon the place to the terror of all others, and that the peace of the said County may be the better setled and preserved;

Commissioners and Council of War appointed in Kent.; Power to punish, by death or otherwise, all that took part in late Rising.;Power to Committee to appoint Judge Advocate and other officers.

It is Ordained, and be it Ordained by the Lords and Commons in this present Parliament assembled, That Col. Sir Iohn Sidley Baronet, Col. sir Michael Livesey, Col. sir Richard Hardees, Captain sir Thomas Pierce, sir Anthony Welden, Capt. sir Isaac Sidley, Col. Ralph Weldon, Col. Iohn Brown, Col. Henry Honywood, Col. George Newman, Col. William Kenrick, Col. Thomas Blunt, Col. Birch, Col. William Boothby, Lieut. Col. Roberts, Lieut. Col. Oxenden, Lieut. Col. Bix, Lieut. Col. Skevington, Major Sadler, Captain Thomas Westroe, Major Iohn Boice of Fretfield, Captain Brodnax, Captain Iohn Dixwel, Captain Iohn Brown, Captain Beal. Captain Iohn Boice of Traphane, Captain William Skinner, William Iames, Lambert Godfree, and Robert Hailles, Esquires, or any twelve or more of them, shall be, and are hereby constituted and made Commissioners, and Councel of War within the said county of Kent, and shall have full power and authority within the said county, to hear and determine all such causes as belong to Military cognizance, and to proceed to the trial, condemnation and execution of all such person and persons as have offended as aforesaid, and to inflict upon them such punishments either by death or otherwise corporally, according to the course and custom of Wars and Laws of the Land, and according to the Laws, Articles and Ordinances of War at any time alowed by both Houses of this present Parliament, or according to such further Instructions as they shall receive from both Houses of Parliament, as the said Commissioners, or the major part of them then present shall adjudge to appertain to Justice, and to do such other things as to the right and due execution of the power to them hereby committed shall appertain.

Judge Advocate's Powers.

And it is hereby further Ordained by the Authority aforesaid, That the said Commissioners, or any twelve or more of them, shall be authorised from time to time, so often as they shall think fit, or shall be Ordered thereunto by both or either House of Parliament, to sit in some convenient place within the said County of Kent, and to appoint a Judge Advocate, or Provost Marshal, and other Officers needful whatsoever: And the said Judge Advocate is hereby authorized and enabled to receive all Accusations, Articles, Complaints and Charges against all or any the Offenders aforesaid, and to examine the Delinquents or Parties charged, and to minister corporal Oathes to all Witnesses, and them to examine upon Oath, either before or at the tryals, as the case may require.

Warrants for Delinquents, etc.

And the said Commissioners, or any two or more of them, are hereby enabled to send their Warrants for any Delinquents or Witnesses in any place whatsoever, and to use coercive power, and commit to prison all such as shall be refractory or misbehave themselves.

Assistance.; Indemnity.

And it is hereby further Ordained, That all Mayors, Bailiffs, Sheriffs, Justices of the Peace, and other Officers whatsoever, shall be Ayding and Assisting to the said Commissioners in the executon of the premises; and that the said Commissioners and every of them, and all and every other person and persons that shall be Ayding and Assisting to them in the execution of the Premises, shall be protected and for ever saved harmless by the power and authority of both Houses of Parliament.

Ord. to continue for six months.

And it is lastly provided, That this present Ordinance, and the authority hereby given to the persons hereby nominated and appointed, shall endure and have continuance for six Moneths from the making thereof.