April 1646: An Ordinance for the speedy establishing of a Court-Martial within the Cities of London, Westminster, and Lines of Communication.

April, 1646

[3 April, 1646.]

Names of Commissioners to execute martial law in London, etc.; upon offenders against the present Articles of War,; and the following Articles.

It is Ordained, and be it Ordained by the Lords and Commons in this present Parliament assembled, That Sir Thomas Fairfax Knight, General of the Forces raised by the Houses of Parliament, Sergeant Major General Skippon, Col: Rowland Wilson, Col: Owen Rowe, Col: Edward Hooker, Col: Ralph Harrison, Col: Francis Zachary, Col: Hardwick, Col: Thomas Gower, Col: George Langham, Col: George Pain, Col: Thomas Randal, Col: William Willoughby, Col: Daniel Sowton, Lieut. Col: Taylor, Col: Iohn Bradley, Lieut. Col: Francis Rowe, Lieut. Col: Francis Bromfield, Major Richard Wollaston, Sir Nathaniel Brent Knight, Dr. Walker, Mr. Iohn Mills, Sir Iames Harrington Knight, Col: Francis West Lieutenant of the Tower, Col: Charles Fleetwood, Col: Humphreys, Col: Richard Turner, Col: Edmond Harvey, Col: Robert Manwaring, Col: Matthew Shepheard, Major Robert Thompson, Lieut. Col: Thomas Buxton, Col: Randal Manwaring, Col: Whitchot, Col: Pinder, Lieut. Col: Weldon, Col: William Underwood, Col: Thomas Player, Col: Iames Prince, Col: Samuel Harsnet, Lieut. Col: Nathaniel Camfield, William Molins, Col: Iohn Owen, Col: Web, Iohn Bradshaw, and William Steel, Esquires or any twelve or more of them, shall be Commissioners, and are hereby authorized, according to the course of War, to execute Martial Law within the Cities of London and Westminster, and Lines of Communication, upon the Officers and Soldiers in the Regiment of Col: Bradley, and upon such Gunners, Matrosses and other Soldiers as are imployed under Pay upon the Gards and Lines of Communication, and no others, according to the Articles of War published by the Earl of Essex, and now used in the Army under the command of Sir Tho: Fairfax, and to proceed to Tryal, Condemnation and Execution of all such Offendors against the said Articles, or any of them. And be it further Ordained by the Authority aforesaid, That the said Commissioners, or any twelve or more of them, shall have power to execute Martial Law within the Cities of London and Westminster, and Lines of Communication, upon such persons as shall offend against these Articles following, or any of them.

None to go to King's quarters or communicate with malignants without consent of Parl. etc.

1. No persons whatsoever shall from henceforth voluntarily repaire or go from the Cities of London and Westminster, or from any other parts of the Kingdom under the power of the Parliament, unto the person of the King or Queen, or Lords of the Councel abiding with Him or Her, or to any Commander or Officer of the Kings Army, or shall give or hold any Intelligence by Letters, Messages or otherwise, with any in Arms against the Parliament, without consent of both Houses of Parliament, or the Committee of both Kingdoms, or the General of the Forces raised by the two Houses, or from the respective Officers that shall Command in chief any of the said Forces, upon pain of death, or other corporal punishment at discretion.

Nor betray or surrender any town, etc., to enemy contrary to rules of war

2. Whosoever shall plot, contrive or endeavor the betraying, surrendring or yielding up to the Enemy; or shall, contrary to the Rules of War, surrender, yield up or betray any City, Town, Magazine, Fort, Garison, or Forces which now are, or hereafter shall be under the Power of the Parliament, shall be punished with death.

Nor relieve or harbour any in arms against the Parl.

3. No person or persons whatsoever, not under the power of the Enemy, shall voluntarily relieve any person, being actually in Arms against the Parliament, and knowing him to have been or so to be in Arms, with any Money, Victuals or Ammunition, or shall voluntarily and knowingly harbor or receive any, being in Arms as aforesaid, upon pain of death or other corporal punishment at discretion.

Mutinous assemblies.

4. No Officer or Soldier shall make any mutinous Assemblies, or be assisting thereunto upon pain of death.

Allowing prisoners of war to escape.

5. 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 other corporal punishment at discretion.

Taking arms against Parlt. after taking National Covenant.

6. Whosoever shall voluntarily take Arms against the Parlia ment, having taken the National Covenant, shall dye without mercy.

Desertion.

7. Whatsoever Officer, Commander or Soldier hath deserted, or shall desert his Trust, and adhere to the Enemy, shall dye without mercy.

What persons to die as spies without mercy.

8. Whosoever shall come out of the Kings Army or Garisons, or hath within the space of one Moneth been in the Kings Army or any of His Garisons, or hath born Arms against the Parliament, or hath voluntarily assisted the Enemies of the Parliament, and shall come into the City of London or Westminster, or into the Lines of Communication, or any Garison of the Parliament, without a Pass from both Houses of Parliament, or from Sir Tho: Fairfax the General, or without Drum or Trumpet, And shall not within forty-eight hours render himself to the Speakers of the Houses of Parliament, or to the Committee of both Kingdoms, or to the Committee at Goldsmiths-Hall, or to the Committee of Examinations, or Commander in chief of any Garrison under the power of the Parliament, shall be proceeded against as a Spy, and shall dye without mercy.

Punishment for other spies.

9. Whosoever shall come as a Spy into he Cities of London and Westminster, or within the Lines of Communication; And who, by vertue of any Ordinance or Declaration of both Houses of Parliament now in force, shalbe found to be a Spy, shalbe lyable to such punishment as by the course of War is usual in such cases.

Warrants for delinquents and witnesses.

And be it Ordained, That that said Commissioners, or any three or more of them, are hereby enabled to send their Warrant or Warrants for the apprehending or bringing before them any Delinquents or Witnesses, not being Peers of this Realm, nor Members of the House of Commons, nor Assistants, nor Attendants of the House of Peers, nor Officers of the House of Commons, to any place whatsoever, and commit to Prison all such as shall be Refractory.

Commissioners may sit when they will and appoint Judge Advocate, etc.; Powers of Judge Advocate.

And it is hereby further Ordained by the Authority aforesaid, That the said Commissioners, or any twelve or more of them, shall be Authorized from time to time, and so often as they shall think fit, or shall be Ordered thereunto by both Houses of Parliament, to sit in some convenient place within the Cities of London and Westminster, or Lines of Communication, and to appoint a Judge Advocate, a Provost-Marshal, and all 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 and Parties charged, and to administer Corporal Oathes to all Witnesses, not being Peers of this Realm, and them to Examine upon Oath, before or at the Tryals, as the cases may require.

Assistance.; Indemnity.; Peers excepted.; Special provisions for their trial

And it is further Ordained, That all Mayors, Sheriffs, Justices of Peace, Constables, Bailiffs, and all other Officers shall be ayding and assisting to the said Commissioners in the execution of the premises, and that the said Commissioners and every of them, and all and every person and persons that shall be ayding and assisting to them in the execution of the premises, shall be saved harmles and indempnified for what they shall do therein by authority of Parliament: Provided, that this Ordinance, or any thing therein contained, shall not extend to any of the Peers of this Realm, or to any of the Members of the House of Commons, or to any of the Assistants of the Houses of Peers; Concerning any of whom, if any such unexpected occasion shall happen, It is hereby Declared, That such course shall be taken for their Tryall as to Justice shall appertain, and shall be thought fit by both Houses of Parliament.

Evidence

Provided always, And be it Ordained, That no Sentence shall be pronounced by the Commissioners aforesaid, against any Person or Persons, but upon the Testimony of two credible Witnesses, or upon the confession of the Party Accused without Constraint.

No death sentence to be executed till after 6 days' notice to Parlt.

Provided, That no Execution of Sentence as to Death, shall be had upon this Ordinance, untill six dayes after notice given of the said Sentence unto both Houses of Parliament.

Commission ers to take National Covenant.; Ord. to continue 3 months only.

Provided, That none of the Commissioners named in this Ordinance shall sit and Act by vertue hereof, except they have taken the National Covenant, or shall take the same before their respective Sitting or Executing any thing by vertue thereof, This Ordinance to continue for the space of three Moneths from the passing thereof, and no longer.