Lawes and orders of vvarre established for the good conduct of the seruice of Ireland.

Lawes and orders of vvarre established for the good conduct of the seruice of Ireland.

Table of contents

Lawes, and Orders of VVarre, established for the good Conduct of the seruice of Ireland.

§

[Page]

Lawes, and Orders of VVarre, established for the good Conduct of the seruice of Ireland.

HENRY FALKLAND:

HENRIE, Lord Vice-Count of Falkland, one of the Lords of his Majesties Most Honourable Privie Councell of England, and Lord Deputie Generall of the Realme of Ireland. To all Officers of the Armie, and all Collonels, Captaines, Officers, and Souldiers of Companies, and all his Maiesties Subiects, and others, whom these Lawes, and Orders ensuing, respectiuely, and seuerally shall concerne. Forasmuch as no good Seruice can be performed, or Warre well managed, where Millitarie discipline is not obserued, and Militarie discipline cannot be kept, where the Rules or chiefe parts thereof, be not certainely set downe, and generally knowne; I haue set downe these Lawes, and Orders following, and doe now publish them vnder my hand, that all persons in this Armie, or kingdome, within my charge, may take knowledge of the said Lawes, and penalties set downe, for the breakers of them.

1 First, we owe our Highest dutie, and greatest Allegeance, to him from whom all Power, and authoritie flowes, as from the first Fountaine, and must receiue our successes of him that is the Lord of Hostes, I doe straightly charge, and command, all Commanders, and Officers of the Armie, to see that Almightie God be serued, That Sermons, Morning and Euening Prayer be diligently frequented, and that those that often, and wilfully absent themselues, be duely punished.

2 Let no Man speake impiously and maliciously against the Holy and blessed Trinitie, or any of the Three Persons, that is to say, God the Father, God the Sonne, and God the holy Ghost, or against the knowne Articles of the Christian Faith vpon paine of death.

3 Let no Man blaspheme Gods holy Name, or vse vnlawfull Oathes or erecrations, or committ any irreligious Art, to the derogation of Gods honour, vpon paine of losse of his Pay, Imprisonment, and such further punishment, as a Marshall Court, shall thinke his Offence deserues.

4 No Man shall vse any trayterous wordes, against his Maiesties Person, or Royall Authoritie vpon paine of death.

5 No Man whether he be Souldier, or other, English or Irish, shall haue conference, or intelligence, with any Enemie or Rebell, that is in open action against his Maiestie, or harbours, or receiues any such within the Campe, or in any Towne, Forte, Castle or Garrison, or shall send, or procure to be sent, any Victuall, Munition, or other reliefe, to any Enemie or Rebell in action, vpon paine of death, except svch as shall be avowed, and warranted by me, or those that shall commaund the Armie in my absence, to speake, conferre, or haue intelligence, or conuerse with the Enemie or Rebell.

6 No Man shall runne to the Enemie, or Rebell, that is in action, or departe the Armie without licence, or from the Garrison or Collours, vpon paine of death.

7 No Man shall committ any Murder, or kill, any person, or draw bloud of any, or draw any Sword in priuate quarrell, with intent to offer violence within the Campe or Garrison, vpon paine of death.

8 No Man shall rauish, or force any woman, vpon paine of death, and Adulterers, and Fornicators shall bee punished, by imprisonment, banishment from the Armie, or such other penaltie, as vp the Marshall Court shall be thought meete.

9 No man shall steale, or take by force, any Treasure, Victuall, or Munition of his Maiesties: Or take by force, or steale from any person, any Money, Armes, Apparell, or other goods, being aboue the value of twelue pence, in Marching, Campe, or Garrison, upon paine of death.

10 No man shall deliuer any Towne, Castle, Forte, or Sconce, without warrant, or departe from any straight or passage, which he is commanded to make good, or take Passe porte of the enemie, or any Rebell in action from any Troopes, or make any ignominious composition with the Enemie, or Rebell in action, vpon paine of death.

11 No man shall throw away his Armes, or abandon his Ensigne, Cornet, or Guidon, or flie away, in any Battle, or Skirmish, vpon paine of death.

12 No man being set Sentinell shall sleepe, or appointed by the Officer of the Guard, or any Superior officer, that hath authoritie to place him, shall departe, and forsake that place, without warrant, vpon paine of death.

13 No man shall offer any violence, or contemptuously disobey his Commander, or doe any art, or speake any wordes which are like to breede any Muteny in the Armie or Garrison, or impeach the obaring of the Generall, or principall Officers directions, vpon paine of death.

14 No man shall outrage, or doe violence, to any that come & to bring Victuals to the Armie, or Garrison, vpon paine of death.

15 No man that carries Armes, or pretends to be a Souldier, shall remaine three dayes in the Armie, after it is on foote, except he be inrolled in some Companie vpon paine of death.

16 No Souldier shall burne any House or lodging, or burne, or wilfully spoile, any Corne, Shipe or Boate, or carriage, or any other thing that may serue for the prouision of the Armie, or his Garrison, without he be commaunded so to doe, by the Generall, or some principall Officer of the Armie vpon paine of death.

17 No man shall depart a myle out of the Armie, or Campe or Garrison, except he be commaunded, and lawfully warranted so to doe. vpon paine of death.

18 No Souldier shall breake his Order to follow any Route or chase, or to seeke, any prey, or spoyle, except he be commaunded by such as haue authoritie no further then he is commanded, vpon paine of death.

19 No man that hath Passe-port for any limitted Time, shall exceede the time limitted for his absence, except he can proue he was stayed by the hand of God, vpon paine of death.

20 No Prouidor, Keeper, or Officer of his Maiesties Victualls, or Munitions, shall embrazill any part thereof, or giue any false account to the Generall, with a purpose to deceiue his Maiestie, or to hinder the Seruice, vpon paine of death.

21 No man shall wilfully, or through grosse ignorance, f;a [...]le in comming to the Randez-vous, or Garrisons assigned to him by the Generall, or other principall Officer that shall commaund the Armie, vpon paine of death.

22 No Souldiers in Masters, shall answere for another, or take two pares, or Muster in a false name, to defraude his Maiestie, vpon paine of death

23 No Captaine shall thorough corruption, wilfull, or grosse negligence, suffer his Companie to grow weake, or practise to defraude his Maiestie in his Muster, vpon paine of imprisonment, losse of his Place, and ignominious banishment from the Armie:

24 No Captaine of the Armie, or Officer shall giue passe-port to any, or dismisse any Souldier once inrolled, without warrant from the the Generall, or other Officer, whom he shall authorize, vpon paine of losse of his Place, and imprisonment.

25 No Souldier shall depart from his Captaine, or seruant from his Master without licence, though he serue still in the Armie, vpon paine of death.

26 Item that no Souldier doe sell, or lay to pawne his Horse, or Hackney, or any part of his furniture, Armes, or apparell for any respect, or pretence of want whatsoeuer, vpon paine of death.

27 Nor that any Inhabitant in Towne or Countrie, shall presume to buy, or to take to pawne any part of the same, vpon paine both of imprisonment, at the discretion of the Lord Deputie and chiefe Commander, and forfeit of double the value of any such thing so bought or layd to pawne.

28 Item, that all Bands of foote-men, shall in passing through the Pale, or other Countries in obedience to goe to any Garrison, or Place of Seruice, March tenne miles a day or thereabouts, holding the direct way to the same Garrison or place of seruice, And that no Captaine, Officer, or Souldier, doe vpon any pretence of want, commit any wast, spoyle, or violence, or doe extort any Victuals, or Money, or Pawne in lieu of Victuals, from any good Subiect, but shall content themselues with Meate, and drinke competent, not taking any allowance for dead payes, but for the most number of men they haue in their Companie for a supper, and a breake-fast in one place onely, upon paine of such sharpe punishment as the Lord Deputie, or other Magistrates thereunto authorised, agreeable to the nature, and qualitie of the same offence, shall thinke good to inflict, be it by death, imprisonment, or other corporall punishment: But if vpon any occasion of March thorough the Countrie the Souldier shall be in want, that then the Officer, with the aduice consent, and assistance of the Shiriffe, Subshiriffe, Collectors, or others his Maiesties Officers in that Barony, or the next adioyning: if there be any, or may be found, shall seeke and prouide such diet and lodging for them, as shall be thought fit at reasonable rates heretofore accustomed, for the which the Captaine or Officer giue readie money, or for want thereof, deliuer his Ticket to be satisfied vpon the Captaine or Souldiers entertaynment, So as all occasions of offence and griefe shall be farre remoued from all good Subiect.

29 Item, If any Horseman shall loose his Horse or Hackney, or Foote-man any part of his Armour, by negligence or other lewdnesse, whereby hee shall be vnabled to discharge the dutie of his place, that vntil he shall recouer the same, or otherwise furnish himselfe with as good, he shall reserue in the state, and condition of a Proner, or sustaine further punishment, at the direction of the Lord Deputie, or other Officer thereunto authorised.

[Page] 30 Item, whensoeuer any prey, or spoyle, shall be taken from the Revels, eyther when the Armie is in the field, or by any residing in Garrison vpon the borders, that no Officer or Souldier doe attempt to imbeazill or purloine any part thereof, vpon paine of death: But shall endeuour themselues to the vttermost of their powers, to keepe the same together, to be disposed at the direction of me the Lord Deputie, or any other by me thereunto authorised.

31 Item, That no Captaine, Officer, or Souldier, or any other that shall take any Prisoner, shall presume to deliuer vpon ransome, or conceale him, but that within foure and twentie houres, he shall make the same knowne to the Lord Deputie or chiefe Commander, and deliuer the same Prisoner vnder the charge of the Prouost Marshall vpon paine of death.

32 No inhabitant in Citie, Towne or Countrie, shall presume to receiue any Souldier into their seruice, not hauing a sufficient authoritie, and Passeport, neyther shall any conceale or hide any such runne away, or vse meanes, to conuey them out of the kingdome, or to any other secret place: But shall apprehend all such, and deliuer them ouer to the Prouost-Marshall, vpon paine of imprisonment, and such other punishment as shall be thought fit by the Lord Deputie, or other chiefe Officer hereunto authorised to be inflicted.

33 No Magistrate or Officer of any Citie, or Corporate Towne, shall presume to imprison or detaine the bodie of any Souldier aboue foure and twentie houres, or to inflict any punishment vpon him for any offence, but shall deliuer all such to the Prouost-Marshall to bee tried by the speedie course of Marshall law.

34 All Captaines shall be diligent in trayning their Companies, and shall be carefull in gouerning them well, and in prouiding for them, and also shall see in all seruices, that they doe the duties of Souldiers, as they will hope for fauour and aduancement, or escape ignominious displacing from their charges.

35 All Captaines and other Officers, that for the time shall haue Commaund of Companies, shall see their Companies, doe orderly quarter, as they are appointed, and to entrench and fortifie, asmuch of the Quarter as they are appointed, and as they are commanded, vpon paine of losse of their places.

36 No man shall spoyle, or take the goods of any that dyeth, or is kill'd in seruice, vpon paine of restoring double the value: But the goods of such as die in the Armie or Garrison, if they make any will by writing or word, shall be disposed according to the Will, if they make no Will, it shall be distributed to the hurt, sicke, and poore of of the Company whereof the Souldier was, or shall goe to the Hospitall of the Armie.

37 No man shall enter or goe out of the Armie, but by ordinarie wayes, vpon paine of imprisonment.

38 No man shall giue any disgracefull wordes, or commit any act to the disgrace of any person in his Armie or Garrison, or any part thereof, vpon paine of imprisonment, publike disarming and banishment from the Armie, as men for euer disabled to carrie Armes, And as I forbid all men vnder my rule, to renew any old quarrels, or to begin any new, So I doe acquitte and discharge all men that shall haue quarrels offered to them, or challenge made to them of any disgrace or opinion of any disaduantage, since they doe but the duties of Souldiers, which ought to subiect themselues to marshall discipline, and they that prouoke them shall be proceeded withall as breakers of all good discipline, and enemies to the good successe of the seruice.

39 And because drunkenesse is the mother of many other vices and disorders in Armies, euery Souldier or Officer that shall be found drunke shall be committed to prison for the first offence, and if he fall into it the second time, being a priuate Souldier, he shall besides his imprisonment forfeyte Two Moneths pay, If he be an Officer, he shall loose his place, The third time shall haue such farre greater punishment, as the Marshall Court shall set downe.

40 Euerie priuate man and Souldier, vpon paine of imprisonment shall keepe silence when the Armie is to take lodging, or when it is marching or embatling, So as the Officers may be heard, and their Commadements executed.

41 No Souldier seruing on foote, shall carrie any Boy, nor any Woman shall be suffered to follow the Armie, vpon paine of such punishment, as shall be inflicted by the Lord Deputie, or other Officer.

42 All Captaines, Officers and Souldiers, shall doe their endeuours, to detect, apprehend, and bring to punishment all offendors, and shall assist the Officers of the Armie for that purpose, as they will answere their slackenesse, and be censured at the Marshall-Court.

43 All other faults, disorders, and offences that are not mentioned in these Articles, shall be punished according to the generall Customes, and Lawes of Warres: And therefore I command all Men, to looke to their charge, and him that hath no charge, to looke to his owne carriage, and to keepe himselfe within bounds of dutie, for the discipline of Warre shall be strictly kept, and the lawes thereof, seuerely executed.

44 No Victualler shall presume to issue or sell vnto the Souldiers, or to the Companies, vnsound, vnsauorie, or vnholsome victuals, vpon paine of imprisonment, and such other punishment, as by a Marshall-Court shall be thought fit to be imposed, vpon him or them that shall so offend.

45 No Captaine, Lieutenant, or other Officer of the Armie, shall in the tender and presentment of their Musters, vse any fraude, practise, or deceite whereby the Muster-Master his Commissaries, or Deputies may be misled, mistaken, or preuented, of the due vnderstanding of the true estate of of that Companie, vpon paine of the losse of his place, and such other ignominious punishments, as by a Marshall-Court, shall be thought meete.

46 No Muster-Master, shall eyther for fauour, friendship, loue, or hatred, or any other by respect whatsoeuer, impose a lesse or greater checke vpon any Captaine or Officer, then his default shall iustly merit, nor get any checke at all, where no defect or fault shall appeare, vpon a due view taken of the Companie. And that no checke shall be imposed by discretion without view, vpon paine that euerie o [...]fendor that shall be found to transgresse in all, or any part of this Article, shall forfeite the place which he holdeth, and be further subiect to such corporall, or pecuniary punishment, as by the discretion of a Marshall-Court shall be thought conuenient.

We require the Marshall of the Armie, the Iudge-marshall, the Captaines of Horse and foote in his Maiesties pay, and all other his Maiesties Officers in this Kingdome whom it may concerne, to obserue these Lawes, and to see them put in due execution from time to time. Published the 11. day of Iune. 1625.

HENRIE FALKLAND.

God saue the King.

§

§

Imprinted at Dublin by the Societie of STATIONERS, Printers to the Kings Maiestie. Anno 1625.

Information about this book

Title statement

Lawes and orders of vvarre established for the good conduct of the seruice of Ireland.

England and Wales. Army.

Edition statement

1625

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A04076

ID [STC]

STC 14131.5

ID [STC]

ESTC S3834

ID [EEBO-CITATION]

33151057

ID [OCLC]

ocm 33151057

ID [VID]

28893

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A04076)

Transcribed from: (Early English Books Online ; image set 28893)

Images scanned from microfilm: (Early English books, 1475-1640 ; 1880:14)

Source

— Lawes and orders of vvarre established for the good conduct of the seruice of Ireland., England and Wales. Army., Falkland, Henry Cary, Viscount, d. 1633..

Extent

2 leaves.

By the Society of Stationers, Printers to the Kings Maiestie,. Imprinted at Dublin :: 1625.. (Caption title.) (Imprint from colophon.) ("Published the 11. day of Inne [sic]. 1625.") (Reproduction of original in: Society of Antiquaries.)

Creation

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.