June 1645: An Ordinance for constituting Commissioners and a Councel of War, for trial of all persons in the late Rising in the County of Kent.

June 1645

[7 June 1645.]

Whereas divers Malignants and ill-affected persons have lately endeavored to surprise the Castle of Dover, and whereas divers other persons have since that, at several times and places Trayterously assembled themselves together in a Warlike maner in the County of Kent, and aswell 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 Bounty: 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 better settled and preserved;

Names of Commissioners and Council of War in Kent.;Power to Execute; Martial Law on all that have taken part in rising in Kent.

It is Ordained, and be it Ordained by the Lords and Commons in this present Parliament assembled, That Colonel Sir Iohn Sedley Knight and Baronet, Colonel Sir Michael Livesey, Colonel Sir Richard Hardres, Major Sir Thomas Piers, Sir Anthony Welden, Captain Sir Isaac Sedley, Colonel Ralph Welden, Colonel Iohn Brown, Colonel Henry Honeywood, Colonel George Newman, Colonel William Kenrick, Colonel Thomas Blunt, Colonel Birch, Colonel William Boothby, Lieutenant-Colonel Roberts, Lieutenant-Colonel Oxenden, Lieutenant-Colonel Bix, Lieutenant-Colonel Skevington, LieutenantColonel Sadler, Captain Thomas Westrow, Major Iohn Boys Lieutenant of Dover Castle, Captain Brodnox, Captain Iohn Dixwel, Captain Iohn Brown, Captain Beal, Captain Iohn Boys of Wingham, Captain William Skinner, William Iambes, Lambert Godfrey and Robert Hales, Esquires, Sir Edward Moning Baronet, Sir Iohn Rivers Baronet, Sir Peter Godfrey, Sir Nicholas Miller, Sir Iames Oxenden Knights; Captain Humphrey Scot, Captain Robert Scot, Thomas Siliard and Thomas Francklin, 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 causes belonging to Military cognizance, and to proceed to the Tryal, condemnation and execution of all such person and persons as have offended as aforesaid, or which shall offend in like maner during the continuance of this Ordinance within the said County, and to inflict upon them such punishments, either by Death or otherwise corporally, according to the course and custome of War, and according to the Laws, Articles and Ordinances of War, at any time allowed 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.

To appoint Judge Advocate and other officers.; 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 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 and Provost Marshal, and all other Officers needful whatsoever; and the said JudgeAdvocate 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 administer corporal Oathes to all Witnesses, and them to examine upon Oath before or at the tryals as the cases may require.

Commissioners' Warrants

And the said Commissioners or any three or more of them, are hereby enabled to send their Warrants for any Delinquents or Witnesses in any place whatsoever, 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 Peace, and other Officers whatsoever, 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 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.

Ordinance 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 hereof.

Late Ord. 23 April, 1645, for Martial Law in Kent made null.

And it is lastly Ordained by the Authority aforesaid, That the late Ordinance for Martial-Law to be executed within the County of Kent, and the authority thereby given, is and be here absolutely avoided, made Null, of no effect.

Members of both Houses excepted.

Provided always, that this Ordinance, or any clause therein contained, shall not extend to any Peer of this Realm, or any Member of the House of Commons, nor to any Assistant, Officer or Attendant of the House of Peers, nor to any Officer attending the said House of Commons.