December 1650: An Act for Establishing an High Court of Justice within the Counties of Norfolk, Suffolk, Huntington, Cambridge, Lincoln, and the Counties of the Cities of Norwich and Lincoln, and within the Isle of Ely.

December, 1650

[10 December, 1650.]

Names of Commissioners to be a High Court of Justice in the Eastern Counties.; Their powers.; Assistance.; Commissioners' oath.

Whereas a late Insurrection and Rebellion hath been within the Counties of Norfolk and Suffolk, and places adjacent; And to the end that the Laws may be put in a due and effectual Execution against such Rebels, Traytors, and Offenders, Be it Enacted by this present Parliament, and authority of the same, That Philip Jermyn, one of the Justices of the Upper-Bench, John Puleston, Peter Warburton and Edward Atkins, three of the Justices of the Common Pleas, Nathaniel Rich, Valentine Walton and Brampton Gurdon, Esqs; Robert Brewster of Wrentham in the County of Suffolk, Esq; Robert Rich of Norfolk, Esq, Thomas Toll Esq; Sir Thomas Honywood Knight; Robert Jermy Esq; Gabriel Barber Doctor of Physic, Charls George Cock, Henry King, Humphrey Brewster, Robert Wood of Brakenash, Tobias Frere, Francis Underwood of Lyn, Robert Wilton, Robert Sheppard, Esqs, The Mayor of Norwich for the time being; Thomas Lincoln, John Reams Esqs; The Bayliffs of Ipswich for the time being, the Bayliffs of Yarmouth for the time being; Jacob Caley Esq, John Moody, Samuel Moody, Thomas Chaplin, John Clark of Bury, William Burton, Ralph Cobbet, Daniel Clench, Anthony Barry and Barnaby Bowtel, Adrian Parminter, Edmond Borman, and Thomas Barret, Esqs; or any twelve or more of them, shall be, and are hereby authorised and constituted to be Commissioners, and an High Court of Justice, to meet and sit at the Castle of Norwich, upon the twentieth of December, One thousand six hundred and fifty; and to adjourn from time to time, and place to place, as the said Commissioners and High Court, or the major part thereof meeting shall hold fit: And the said Commissioners and High Court of Justice shall have full power and authority, and are hereby authorized and required to hear and determine all Treasons, Misprisions or Concealments of Treasons, Matters, Crimes and Offences contrary to certain Articles mentioned and contained in one Act of this present Parliament, entituled, An Act for Establishing an High Court of Justice; And the said Commissioners and High Court of Justice, or any twelve or more of them, shall have full power, and are hereby authorized to proceed against any person or persons whatsoever, for the several Offences mentioned in one other Act of this present Parliament, entituled, An Act prohibiting the Proclaiming of any person to be King of England, Ireland, or the Dominions thereof: And in two other Acts of this present Parliament, each of them entituled, An Act declaring what Offences shall be adjudged Treason; And to proceed to the Tryal, Condemnation and Execution of all Offenders against all or any the said Acts or Articles; and to inflict upon all Offenders such Punishment, either by Death or otherwise corporally, as the said Commissioners and High Court of Justice, or major part of them then present, shall judge to appertain to Justice, and according to the nature of the Offence; and shall take order for the charging of Offenders with all or any of the Crimes, Matters or Offences contained in any the Acts or Articles aforesaid, and for 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, or the merit of the Cause; and such final Sentence to execute, or cause to be executed speedily and impartially: And the said Commissioners and High Court of Justice, or any twelve or more of them, shall have power and authority to appoint all Officers needful for the putting in execution the matters and things above said: And all Maiors, Sheriffs, Justices of the Peace, Bayliffs, and other Officers; And all Officers and Soldiers of the Army, and other the good people of this Commonwealth, are hereby required to be ayding and assisting to the said Commissioners and High Court of Justice in any of the premises. And it is further Enacted, That every of the said Commissioners, before he shall do or Execute the Office of a Commissioner by vertue of this present Act, shall take the Oath ensuing.

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.

Who may administer oath.; Death sentences.; Continuance of Act.

And the Lords Commissioners for the great Seal of England, or any one of them, are, and is hereby authorized to administer this Oath to any of the before-named Commissioners, who (when any such person shall have taken the same) is hereby authorized to Administer the same Oath unto the rest of his fellow-Commissioners. And it is lastly Enacted, That it shall be in the power of the said Commissioners and High Court of Justice, or any twelve or more of them; and they, or any twelve or more of them, are authorized to cause any such sentence or Sentences of Death to be given and executed, by appointing such Offender or Offenders to be Beheaded or hanged onely, as to them shall seem meet; having regard to the nature of the Offence, Any Law or Statute to the contrary notwithstanding: This Act to have continuance until the Tenth day of January, One thousand six hundred and fifty, and no longer.