Page:History of New South Wales from the records, Volume 1.djvu/579

 CROMWELL'S PRISONERS. 455 misdemeanor, which Court shall consist of the Judge-Advocate, 1787 to be appointed in and for such place, together with six officers of how his Majesty's forces by sea or land ; composed. Which Court shall proceed to try such offenders by calling such offenders respectively before that Court, and causing the charge against him, her, or them respectively, to be read over, which charge shall always be reduced into writing, and shall be exhibited Method of to the said Court by the Judge- Advocate, and by examining wit- ^^ "" nesses upon oath, to be administered by such Court, as well for as against such offenders respectively, and afterwards adjudging by the opinion of the major part of the persons composing such Court, that the party accused is or is not (as the case shall appear to them) guilty of the cliarge, and by pronouncing judgment therein Judgment (as upon a conviction by verdict) of death, if the offence be capital, TOn»tai ^' or of such corporal punishment not extending to capital punish- puuishment ment^ as to the said Court shall seem meet; and in cases not capital, by pronouncing judgment of such corporal punishment, not extend- ing to life or limb, as to the said Court shall seem meet. IL And be it further enacted that the Provost-Marshal, or Provo6t- other officer to be for that purpose appointed by such Governor or ***^*^»^ Lieutenant-Governor, shall cause due execution of such judgment to be had and made under and according to the warrant of such Governor or Lieutenant-Governor in the absence of the Governor, under his hand and seal, and not otherwise : Provided always that execution shall not be had or done on any capital convict or convicts, unless five persons present in such in capital Court shall concur in adjudging him, her, or them, so accused ^^^^^ and tried as aforesaid, to be respectively guilty, and until the pro- «>»«»'• ceedings shall have been transmitted to his Majesty and by him approved. III. And be it so enacted by the authority aforesaid that the Court to be said Court shall be a Court of Eecord, and shall have all such Reooid.^ powers as by the laws of England are incident and belonging to a Court of Record.* CROMWELL'S PRISONERS. Apter the battle of Worcester, when the Scottish army which 1661 invaded England to reinstate Charles II was defeated by Cromwell on 3rd September, 1651, and 10,000 prisoners were taken, the Prisonen Scottish prisoners were brought to London, and marched through ^^ ^*'* the city into Tothill Fielda Most of the common soldiers — accord- ing^ to an old chronicle—" were sent to the English plantations, 2 H Digitized by Google
 * The Act is silent about the Court of Civil Jurisdiction ; post, p. 53L