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.