AN ACT For the Establishing an High Court of Justice. Together with 1. An Act probibiting the proclaiming of any person to be King over England or Ireland, or the Dominions thereof. 2. An Act declaring what Offences shall be adjudged Treason. 3. An another Act declaring what Offences shall be adjudged Treason. 4. An Act for a Seal of the Parliament of the Commonwealth of England. blazon of the Commonwealth Tuesday the 22th of November, 1653. ORdered by the Parliament, That the Act passed yesterday, Entitled, An Act for the Establishing an High Court of Justice, be forthwith Printed and Published: and that the several other Acts therein mentioned be printed therewith. Hen: Scobell, Clerk of the Parliament. London, Printed by john Field, Printer to the Parliament of ENGLAND. 1653. blazon of the Commonwealth AN ACT FOR THE ESTABLISHING AN High Court of Justice. FOr the preservation of the Common Peace, and for the better preventing of the Miseries of a new & 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 and effectual course may be settled 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 Sergeant 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 Allein Alderman of London, Daniel Taylor Esq Edmond Waring Esq John Blackwel the younger 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 Trial, Condemnation and Erecution 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, Entitled, 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 Entitled, 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, Entitled, 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 Endeabor the Betraying, Surrendering, or Yielding up any Cities, Towns, Forts, Magazines, Ships, Uessels 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 public 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 empowered 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, Bailiffs and other Officers; and all Officers and Soldiers of the Army, and other the good people of this Commonwealth, shall be aiding 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 virtue 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 Council 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 endure and have continuance to the first day of August, One thousand six hundred fifty and four, and no longer. Monday the 21 of November, 1653. ORdered by the Parliament, That this Act be forth with printed and published. Hen: Scobell, Clerk of the Parliament. An Act prohibiting the Proclaiming of any person to be King of England or Ireland, or the Dominions thereof. WHereas Charles Stuart King of England, being for the notorious Treasons, Tyrannies and Murders committed by him in the late Unnatural and Cruel wars condemned to death; whereupon, after Execution of the same, several protences may be made, and title set on foot unto the Kingly Office, to the apparent hazard of the public Peace: for prevention thereof, Be it Enacted and Ordained by this present Parliament, and by Authority of the same, That no person or persons whatsoever do presume to Proclaim, Declare, Publish, or any way promote Charles Stuart, Son of the said Charles, commonly called, The Prince of Wales, or any other person to be King, or chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them or either of them, by colour of Inheritance, Succession, Election, or any other Claim whatsoever, without the free consent of the People in Parliament first had, and signified by a particular Act or Ordinance for that purpose, Any Statute, Law, Usage or Custom to the contrary hereof in any wise notwithstanding. And be it further Enacted and Ordained, and it is hereby Enacted and Ordained, That whosoever shall contrary to this Act, Proclaim, Declare, Publish, or any way promote the said Charles Stuart the Son, or any other person to be King, or Chief Magistrate of England or of Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament signified as aforesaid, shall be deemed and adjudged a Traitor to the Commonwealth, and shall suffer pains of Death, and such other punishments as belong to the Crime of high Treason. And all Officers, as well Civil as Military, and all other well affected persons, are hereby authorized and required forthwith to apprehend all such Offenders, and to bring them in safe Custrody to the next justice of the Peace, that they may be proceeded against accordingly. Die Martis, 30. januarii, 1648. ORdered by the Commons assembled in Parliament, That this Act be forthwith Printed and Published. H: Scobell, (ler. Parl. D. Com. An Act declaring what Offences shall be adjudged Treason. WHereas the Parliament hath abolished the Kingly Office in England and Ireland, and in the Dominions and Territories thereunto belonging, and having Resolved & Declared, That the people shall for the future be governed by its own Representatives, or National meetings in Council, Chosen and Entrusted by them for that purpose, hath settled the Government in the way of a Commonwealth and Free State, without King or House of Lords; Be it Enacted by this present Parliament, and by the authority of the same, That if any person shall maliciously or advisedly publish by writing, Printing, or openly Declaring, That the said Government is Tyrannical, Usurped or Unlawful; or that the Commons in Parliament assembled are not the Supreme Authority of this Nation; or shall plot, contrive, or endeavour to stir up or raise force against the present Government, or for the subversion or alteration of the same, and shall declare the same by any open deed, That then every such Offence shall be taken, deemed and adjudged, by authority of this Parliament, to be High Treason. And whereas the Keepers of the Liberty of England, and the Council of State, constituted, and to be from time to time constituted by authority of Parliament, are to be under the said Representatives in Parliament, entrusted for the maintenance of the said Government, with several Powers and Authorities limited, given and appointed unto them by the Parliament; Be it likewise Enacted by the authority aforesaid, That if any person shall maliciously and advisedly plot or endeavour the subversion of the said Keepers of the Liberty of England, or the Council of State, and the same shall declare by any open deed; or shall move any person or persons for the doing thereof, or stir up the people to rise against them or either of them, their or either of their Authorities, That then every such Offence and Offences shall be taken, Deemed and Declared to be High Treason. And whereas the Parliament, for their just and lawful Defence, hath raised and levied the Army and Forces now under the Command of Thomas Lord Fairfax, and are at present necessitated, by reason of the manifold Distractions within this Commonwealth, and Invasions threatened from abroad, to continue the same, which under God must be the instrumental means of preserving the well-affected people of this Nation in peace and safety; Be it further Enacted by the Authority aforesaid, That if any person, not being an Officer, Soldier or Member of the Army, shall plot, contrive, or endeavour to stir up any Mutiny in the said Army, or withdraw any Soldiers or Officers from their obedience to their Superior Officers, or from the preseut Government as aforesaid; or shall procure, invite, aid or assist any foreigners or Strangers to Invade England or Ireland, or shall adhere to any Forces raised by the Enemies of the Parliament or Commonwealth, or keepers of the Liberty of England, or if any person shall counterfeit the Great Seal of England (for the time being) used & appointed by authority of Parliament, That then every such offence and offences shall be taken, deemed and Declared by the authority of this Parliament to be High Treason; and every such persons shall suffer pains of Death, and also forfeit unto the Keepers of the Liberty of England, to and for the use of the Commonwealth, all and singular his and their Lands, Tenements and Hereditaments, Goods and Chattels, as in case of High Treason hath been used by the Laws and Statutes of this Land to be forfeit and lost. Provided always, That no persons shall be Indicted and Arraigned for any of the Offences mentioned in this Act, unless such Offenders shall be Indicted or Prosecuted for the same within one year after the Offence committed. Die Lunae, 14 Maii, 1649. ORdered by the Parliament, That this Act be forthwith Printed and Published. Hen: Scobell, Cleric. Parliamenti. An Act declaring what Offences shall be adjudged Treason. Whereas the Parliament hath abolished the Kingly Office in England and Ireland, and in the Dominions and Territories thereunto belonging; and having Resolved and Declared, That the people shall for the future be governed by its own Representatives or National Meetings in Council, thosen and entrusted by them for that purpose, hath settled the Government in the way of a Commonwealth and Free-State, without King or house of Lords: Be it enarted by this present Parliament, and by the Authority of the same, That if any person shall maliciously or advisedly publish, by Writing, Printing, or openly Declaring, That the said Government is Tyrannical, Usurped or Unlawful; or that the Commons in Parliament assembled are not the Supreme Authority of this Nation; or shall plot, Contribe or Endeavor to stir up, or raise force against the present Government, or for the Subbersion or Alteration of the same, and shall declare the same by any open deed, That then every such Offence shall be taken, deemed and adjudged by Authority of this Parliament to be high Treason. And whereas The Keepers of the Liberty of England, and the Council of State constituted, and to be from time to time constituted by Authority of Parliament, are to be under the said Representatives in Parliament, entrusted for the Maintenance of the said Government, with several Powers and Authorities limited, given and appointed unto them by the Parliament, By it likewise Enacted by the Authority aforesaid, That if any person shall malietously and adbisedly plot or endeavour the subversion of the said Keepers of the Liberty of England, or the Council of State, and the same shall declare by any open deed, or shall move any person or persons for the doing thereof, or stir up the people to rise against them, or either of them, their or either of their Authorities, That then every such Offence and Offences shall be taken, deemed and declared to be high Treason. And whereas the Parliament, for their just and lawful defence, hath raised and levied the Army and forts now under the Command of Thomas Lord Fairfax, and are at present necessitated, by reason of the manifold Distractions within this Commonwealth, and Invasions threatened from abroad, to continue the same, which under God, must be the instrumental Means of preserving the Well-affected people of this Nation in peace and safety; Be it further Enacted by the Authority aforesaid, That if any person, not being an Officer, Soldier or Member of the Army, shall plot, contrive or endeavour to stit up any Mutiny in the said Army, or withdraw any Soldiers or Officers from their obedrence to their Superior Officers, or from the present Government as aforesaid; or shall procure, invite, aid or assist any foreigners or Strangers to invade England or Ireland; or shall athere to any forces raised by the Enemies of the Parliament or Commonwealth, or Keepers of the Liberty of England; or if any person shall counterfeit the Great Seal of England for the time being, used and appointed by Authority of Parliament, That then every such Offence and Offences shall be taken, dreamt and declared by Authority of this Parliament, to be high Treason; and every such person shall suffer pains of death, and also forfeit unto the Keepers of the Liberty of England, to and for the use of the Commonwealth, all and singular his and their Lands, Tenements and here ditaments, Goods and Chattels, as in case of high Treason hath been used by the Laws and Statutes of this Land to be forfeit and lost. Provided always, That no person shall be indicted and arraigned for any of the Offences mentioned in this Act, unless such Offenders shall be indicted and prosecuted for same within one year after the Offence committed. And be it further Enacted by the authority aforesaid, That if any person shall counterfeit the Money of this Commonwealth, or shall bring any false Money into this Land, counterfeit or other, like to the Movey of this Commonwealth, knowing the Money to be false, to merchandise or make payment in deteit of the people of this Nation; or if any person shall hereaster falsely forge and counterfeit any such kind of Coin of Gold or Silver, as is not the proper Coin of this Commonwealth, and is or shall be currant within this Nation, by consent of the Parliament, or such as shall be by them authorized thereunto; or shall bring from the parts beyond the Seas into this Commonwealth, or into any the Dominions of the same, any such false and counterfeit Coin of Money, being currant within the same as is abovesaid, knowing the same Money to be false and counterfeit, to the intent to utter or make payment with the same within this Commonwealth, by Merchandise or otherwise; or if any person shall Impair, Diminish, falsify, Clip, Wash, Round or file, Scale or Lighten, for wicked lucre or gains sake, any the proper Moneys or Coins of this Commonwealth, or the Dominions thereof, or of the Moneys or Coins of any other Realm, allowed and suffered to be cutrant within this Commonwealth, or the Dominions thereof, That then all and every such Offences above mentioned, shall be and are hereby deemed and adjudged high Treason, and the Offenders therein, their councillors, procurers, aiders and abettors, being convicted according to the Laws of this Nation of any of the said Offences, shall be deemed and adjudged Traitors against this Commonwealth, and shall suffer and have such pains of Death, and forfeitures as in case of high Treason is used and ordained. Provided always, and be it Enacted by the Authority aforesaid, That this Act touching the Moneys and Coins aforesaid, or any thing therein contained, nor any Attainder of any person for the same, shall in any wise extend or be judged to make any corruption of Blood, to any the heir or heirs of any such Offender, or to make the Wife of any such Offender to lose or forfeir her Dower, of or in any Lands, Tenements or hereditaments, or her Title, Action or Interest in the same. Die Martis, 17 julii, 1649. ORdered by the Parliament, That this Act be forthwith printed and published. Hen: Scobell, Clerk of the Parliament. An Act for a Seal of the Parliament of the Commonwealth of England. BE it Enacted by this present Parliament, That the Seal engraven with the Arms of England and Ireland (that is to say, A Cross and a harp) with this Inscription in the Circle, That is to say (The Seal of the Parliament of the Commonwealth of England) shall be the Seal of the Parliament of the Commonwealth of England, to be only used by Order of Parliament. And be it further Enacted, That whosoever shall counterfeit the same, shall be adjudged and taken to be guilty of high Treason, and shall be tried in such manner, and undergo the like penalties as are appointed by any Act of Parliament in case of high Treason. Die Mercurii, 22. jannarii, 1650. ORdered by the Parliament, That this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliamenti.