January, 1646
[15 January, 1645/6.]
Committee to examine into and punish desertions.; Power to administer Oaths to Witnesses.; To summon Delinquents and Witnesses, and punish the refractory.; Assistance; Indemnity; Ord. to continue 9 months only
Whereas divers men who have been lately leavied and imprested for Souldiers within the several Counties of Essex, Kent,
Middlesex, Sussex, Surry, Suffolk, Norfolk, Hertford, Huntington, Isle of Ely, Cambridge, Bedford, and within the Cities
of London, Westminster, Norwich and Canterbury, for the recruiting of the Army under the Command of Sir Thomas Fairfax,
after such time as they have received Prest-money, daily run
away and depart from their Colours to the great prejudice of the
publike Service; and unlesse some timely course be taken therein, it may incourage others that are necessary to be imprested for
the service of that Army to doe the like: For the due punishment of such as have, or shall hereafter run away being imprested for that Army, It is Ordained, and be it Ordained by the
Lords and Commons in this present Parliament assembled,
That the respective Committees and Deputy-Lieutenants of the
Cities and Counties by whom and where any persons shall be
Imprested for the said Army, or any four of them, calling to their
assistance the Officers of the Militia or Trained Bands of the said
respective Counties and Cities, whereof none to be under the
degree of a Captain, or so many of such Officers as together with
the said Committees and Deputy-Lieutenants or any four of them,
shall make the number of twelve in all, or more, upon complaint
made, or notice given unto them or any of them, of any person
that having been imprested to serve the Parliament by vertue of,
and according to the Ordinance of Parliament in that behalf
made, shall after his being so imprested run away, the said Committees and Deputy Lieutenants and Officers aforesaid, or any
twelve or more of them respectively, four whereof shall be either
of the said Committees or Deputy-Lieutenants, shall have power
and are hereby authorized to meet together in any Market-Town
in some publike place thereof openly, and not in private, to examine, hear and determine the said Offences within the Cities
and Counties respectively whereof they are Committees or
Deputy-Lieutenants: And upon proofe of any such Offence by
Confession, or two Witnesses upon Oath, to proceed to the Condemnation and Execution of all such person and persons as shall
offend as aforesaid, and to inflict upon them such punishment,
either by death or by other corporal punishment as the said respective Committees, Deputy-Lieutenants, and Officers aforesaid,
or the major part of them there present, shall adjudge to appertain to Justice. And the said respective Committees, DeputyLieutenants, and Assistants aforesaid, or any twelve or more of
them, four whereof shall be of the number of the DeputyLieutenants or Committees, are hereby likewise authorized to
minister corporal Oathes to all Witnesses, and them to examine
upon Oath either before or at the Trials as the cases may require;
and the said Committees, and Deputy-Lieutenants respectively,
or any two or more of them, are hereby enabled to send their
Warrants for any Delinquents or Witnesses, the said Witnesses
being not Peers of this Realm, nor assistants, nor Officers
of the House of Peers, nor Members, nor Officers of the House of
Commons, into any place whatsoever, and commit to Prison all
such as shall be refractory, or misbehave themselves; and the
said respective Committees, Deputy-Lieutenants and assistants
are hereby injoyned to proceed with all diligence in putting this
Ordinance in execution, and have hereby power to appoint a Provost-Marshal, and other Officers conducing to the ends and purposes aforesaid. And it is hereby further Ordained, That all
Mayors, Bayliffes, Sheriffes, Justices of Peace and other inferiour
Officers whatsoever, shall be aiding and assisting to the said
Committees, Deputy-Lieutenants, and assistants in the execution
of the premises, and that the said Commissioners, Officers, and
assistants, 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 harmles
by the authority and power of both Houses of Parliament. And
it is lastly provided, that this present Ordinance, and the
authority hereby given, shall indure & have continuance for nine
moneths from the making hereof & no longer.