[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
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.
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
7. Whatsoever Officer, Commander or Soldier hath deserted,
or shall desert his Trust, and adhere to the Enemy, shall dye
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
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.
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
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.