November, 1653
[21 November, 1653.]
For the preservation of the Common Peace, and for the better
preventing of the Miseries of a new and bloody War, endeavoured
to be stirred up by wicked practices and correspondencies of the
Enemies of this Commonwealth (notwithstanding the manifold
Witness which the righteous Lord our God hath born against
them and their cursed Designs;) And to the end an effectual
course may be setled for the timely punishing of any Actors or
Contrivers in such pernicious ways, whereby others may hear and
fear, and do no more so; Be it Enacted by this present Parliament, and by the Authority of the same, That John Lisle one
of the Lords Commissioners for the Great Seal of England, John
Bradshaw Serjeant at Law, Charls George Cock Esq; Matthew
Sheppard Esq; William Underwood Alderman of London, John
Hayes Esq; George Langham Esq; Maurice Thompson Esq;
Richard Shute Esq; Mark Hildesley Esq; Thomas Allsin Alderman of London, Daniel Taylor, Esq; Edmond Waring Esq;
John Blackwel the yonger Esq; Nicholas Juxon Esq; Roger
Frith Esq; Nathaniel Whetham Esq; Edward Cresset Esq;
Ralph Harrison Esq; Benjamin Valentine Esq; William Web
Esq; Owen Row Esq; Thomas Andrews Alderman of London,
John Hardwick Esq; Richard Arnold Esq; Sir John Thorowgood of Kensington Knight, Abraham Babington Esq; Richard
Moor Esq; Edward Whaley Esq; William Goff Esq; John Okey
Esq; Thomas Juxon Esq; Mark Coe Esq, or any thirteen or
more of them, shall be Commissioners, and shall have full power
and authority, and are hereby authorized and required to hear
and determine all such Matters, Crimes and Offences as are
given them in charge by this present Act; and to proceed to the
Tryal, Condemnation and Execution of the Offender and
Offenders, and to inflict upon him, her or them, such punishment, either by Death, Fine, Imprisonment, or other corporal
punishment, as the said Commissioners or the major part of them
then present shall judge to appertain to Justice, according to the
nature of the Offence. And first the said Commissioners shall
have power to proceed against any person or persons for the
several Offences mentioned in one Act of the late Parliament,
ordered to be printed the Thirtieth day of January, One
thousand six hundred forty and eight, Entituled, An Act prohibiting the Proclaiming of any person to be King of England
or Ireland, or the Dominions thereof. Secondly, The said
Commissioners shall have power to proceed against any person
or persons for the several Offences mentioned in two Acts of the
said late Parliament, each of them Entituled, An Act declaring
what Offences shall be adjudged Treason; the one ordered to be
printed the Fourteenth day of May, One Thousand six hundred
forty and nine; and the other ordered to be printed the Seventeenth
day of July, in the said year One thousand six hundred forty and
nine. Thirdly, The said Commissioners shall have power to
proceed against any person or persons for the several Offences
mentioned in one other Act of the late Parliament, ordered to
be printed the Two and twentieth day of January, One thousand
six hundred and fifty, Entituled, An Act for a Seal of the Parliament of the Commonwealth of England. Fourthly, The said
Commissioners shall have power to proceed against any person
or persons that have, or shall Plot, Contrive, or Endeavor the
Betraying, Surrendring, or Yielding up any Cities, Towns,
Forts, Magazines, Ships, Vessels or Forces by Sea or Land,
belonging to this Commonwealth; which said Offences shall be
punished with Death.
And it is hereby Enacted by the Authority aforesaid, That the
said Commissioners, or any thirteen or more of them, shall be
and are hereby authorized and constituted an High Court of
Justice, to meet and sit at such convenient time and place from
time to time, as by the said Commissioners or the major part of
thirteen or more of them, under their Hands and Seals, shall be
appointed and notified by publique Proclamation in the Great
Hall or Palace-Yard at Westminster, and to adjourn from time
to time and place to place, as the said High Court or the major
part thereof meeting shall hold fit; and to take order for the
charging of Offenders, with all or any of the Crimes, matters and
things contained and impowred by this present Act, and for the
receiving their personal answer thereunto; and for the examination of Witnesses upon Oath (which the Court hath hereby
authority to administer) or otherwise, and taking any other
Evidence concerning the same: And thereupon, or in default of
such answer, to proceed to final Sentence, according to Justice
and the Merit of the Cause, and such final Sentence to execute or
cause to be executed speedily and impartially: And the said
Commissioners, or any thirteen or more of them, shall have
power and authority to appoint all Officers needful for the putting in execution the matter and things in this Act contained.
And it is hereby further Enacted, That all Majors, Sheriffs,
Justices of the Peace, Constables, Bayliffs and other Officers;
and all Officers and Soldiers of the Army, and other the Good
people of this Commonwealth, shall be ayding and assisting to
the said Commissioners in any of the premises.
And be it further Enacted, That every of the Commissioners
beforenamed, before he shall do or execute the Office of a Commissioner by vertue of this present Act, shall take the Oath
ensuing; viz.
You shall swear, That you shall well and truly, according to
the best of your skill and knowledge, execute the several Powers
given unto you by this present Act.
And the Lords Commissioners for the Great Seal of England,
or any one of them, are hereby authorized to administer the said
Oath accordingly.
Provided, That this Act nor any thing therein contained, shall
extend to the diminishing or lessening any power or authority
formerly given to the Lord General or his Councel of War, or to
the Generals at Sea by authority of Parliament, for the execution
of Martial Law.
Provided also, That this Act, and the authority hereby given,
shall indure and have continuance to the First day of August,
One thousand six hundred fifty and four, and no longer.