LAWES AND ORDI­nances touching military discipline. Set downe and established the 13. of August. 1590.

Translated into English by I. D.

Imprinted at the Haghe by the widowe & heires of the deceased Hille­brand Iacobs van Wouw, Ordinarie Printer to the high and migh­tie Lords the Stats Generall. Anno 1631. Cum Privilegie.

WHereas by daily ex­perience, many disorders are found, to growe amongst those that beare armes, tending to the great damage of these Coūtreys, and pre­judice of the gouvernemēt thereof, which not­withstanding are not any where so punished as in reason they ought, because there is no certaine order, or lawe touching like mat­ters as yet decreed and published: The States general of the vnyted Provinces have there­fore (with th'advyce of the Councel of State of the same) ordayned, appoin­ted, and decreed, doe by these presents ordayne, appoint, and decree the or­ders or laws here ensuing, which their wil is, to have from point to point strictly observed and followed by all those that beare armes in their service, To which ende it shalbe every where published, and accordingly sworne to by the souldiours.

I. FIrst he that shal take the Lordes name in vayne, or blaspheme the same, shal for the first tyme make an honorable amends, and be kept three dayes in prison at bread and water: The seconde tyme shal have a glowing iron thrust through his tongue, thē be stripped to his shirte, and so banished out of the vnyted Provinces.

II. The like penalty shal they incurre, for the first and second tymes, who shal eyther doe or say ought in despyte, or derision of Gods worde, or the Ministers of the Church.

III. All wilfull murthers, rapes, adultery, fyring of houses, the very, violence, outrage, falshood, and other like bad facts, and open offenses, or vnnaturall abuses, shalbe punished with death.

IIII. None shall any way outrage, stryke, knocke, beate, threaten or disho­nestly touch any widowes, maryed or vnmaryed womē, such as are in childe­bed, or with child, nor any young children, on paine to be discharged with­out money or pasporte, or els punished corporally according to the quality of the offense. Likewyse all common whores shal for the first tyme bee ex­pulsed out of the Campe with shame, and being founde there the second tyme, soundly whipped and banished.

V. He that shal have done or conspyred ought against the States, the Coun­trey, Townes, or other places thereof, or against any Governours, or Cap­tains in the same, whereby the publique state of the Land may be in any sort endammaged, or endangered: as also whosoever shal consent therevnto, shal without any mercie bee hanged.

VI. The like punishment shal they also incurre, whosoever coming to the knowledge of any such matter, shall not reveale it to their Captaine, or chieff Officers.

VII. None shall rayse any mutiny, or make any vnlawful assembly, on what­soever secret, cloaked, or other purposes: nor for what cause soever it be, without order frō their Commaunders, on paine of hanging.

VIII. In like sort shal they also bee punished, that shalbe present at such assem­blies, or call, stir vp, and incite any to be present thereat. And is to be vnder­stood also, that such Officers as shalbe at the lyke seditious meetings, shall receyve punishement before all other souldiours, except those (that are noe authors thereof)

IX. He that shall speake ill of the States generall, or particular, the Councel of State, or other Superiours, or shall speake ought to despite or deride any of them, shal without mercy be punished with death.

X. He that shal have spokē any wordes tending to seditiō, mutiny, or diso­bedience, or that having heard such wordes, and shal not presently acquaint his Cap. therewith, shalbe punished with death.

XI. In like sorte shal they also be punished, who rehearse any such words in presence of private souldiours, eyther of themselves, or by suggestion of others, or practise ought, whereby any mutiny or sedition may growe.

XII. No man, be yt out of garded, or besieged places, or in other like cases, shal vse any speach or correspondence with the enemie, nor send him any messa­ges or Letters, nor receive any from him, nor deale in like sorte with any of his confederates, bee it in secrete or publicque, without the consent first had of his Gouvernour or Cap. or that he make it foorthwith knowne vnto him, vnlesse he be thereto aucthorised. Neyther shall any man be adherent or in [Page]any sorte assistant to the enemy, on payne of death.

XIII. Likewyse none shal conferre or converse with any Trompet or Drumme of the enemyes, or any other sent on message from him, but they onely who are thereto appointed, on paine of death.

XIIII. None shall in going, departing, lying still, mustering, or in garnison doe ou­trage or spoyle to the inhabitants of these Countreys, their favorours or con­federates, or take frō them any victuals, money, or ought els, without paying duely for the same, nor yet throw downe, or spoyle any water-mils or wa­ter-works, nor set on fyre the same, or other houses, or els the campe, at the breaking vp thereof, without special commaund frō the General, or other Chiefe Officer, on payne of death.

XV. Like wyse none shal eyther doe or practise ought against any persons, Townes, Villages, Forts, Havens, or whatsoever goods warranted by pas­portes or other assurances from the Generality, on payne of death.

XVI. He that wil departe from one Company to another, or elswhere, or will leave the Colours vnder which he serveth, is to have a sufficient pasport from his Cap. or Commaunder, and fayling therein, shalbe punished with death.

XVII. Whatsoever Cap. shall entertayne souldiours without a lawfull discharge from their former Cap. shalbe punished with death.

XVIII. If any souldiour (serving on horsse or foote) shal knock or stryke his host, hostesse, their man or mayde-servant, he shal for the first tyme be kept three dayes at bread and water, the second, make an honourable amendes, and before the whole watch bee disarmed, and then banished out of the Com­pany, And if the party so striken be maimed, or bloud drawne, then shal the souldiour offending have his hand striken of.

XIX. Whosoever shal have taken or stolne any victuals, or other provisions brought vp, towards the Camp, Garnison, or any Towns, or places vnder the jurisdiction of the States generall, shalbee hanged.

XX. Likewyse none shal out of the Campe or Garnison forcibly take or els buy vp before hande, any victuals or goods bound thitherwardes, before the same shalbe brought to a fit place for sale, and taxed: Neyther shall he [Page]robbe any cabbin, shop, tent, Victualer, or Marchand that is there for the helpe of the Campe or Garnison, on payne of death.

XXI. He that shal goe out of the quarter from his Colours, or Garnison, further then a Canon-shot, without his Cap. leave, shalbe punished with death.

XXII. Whosoever shal goe out of the Campe, besieged towne, fort or other place, without the speciall consent of his Cap. or Officer, for any cause, bee it for forrage or ought els, shalbee hanged.

XXIII. Whosoever shal take any Cattaile, or beasts within the landes that lye vnder the obedience of the Generality, shalbee punished as a Theife.

XXIIII. He that in marching by lande towardes the fielde, or in retourning thence, shal forsake his Colours or Cornet, shall without any mercy be puni­shed with death.

XXV. And whosoever (not being visited with manifest sicknes, and thesame knowne to his Cap. or Commaunder) shal keepe along with the baggage, or ryde on the waggons, shalbe disarmed before the whole Company, and then banished without money or pasport.

XXVI. If any shal neglect his watch, or other service committed vnto him, he shalbe punished with death.

XXVII. If any souldiour shalbe founde sleeping on his sentinel, he shall without any mercy be punished with death.

XXVIII. Whatsoever souldiour shal, eyther by day or night departe from his sen­tinel, where he hath bene placed by his Corporall, vnles he be called thence, or relieved by the said Corporall, shall receive punishment of death with­out any mercy.

XXIX. None shal declare or make knowne the watch-word to the enemy, or any other, nor give any other worde then is given him by the Officer, on payne of death.

XXX. Whosoever shal absent himselfe out of the Courte of garde above two houres in the day tyme, or any with in the night without his Corporals [Page]leave, shalbe punished with death.

XXXI. None shal without lawful cause rayse any tumult, or alarme, nor dischar­ge a piece by night, nor make any noyse, nor doe ought els, where by the same may growe (without cause) on payne of death.

XXXII. He that shall presume within the Campe, Quarter, or place, where he lyeth in garnison, as also after the watch is set, to drawe his weapō shall for­feict his lyfe: as also yf he do it out of the Camp, Towne, or place, without leave of his Officer.

XXXIII. He that shall stryke any man with his sworde vndrawne, or with a cud­gel, stone, or otherwyse, that bloude followe, shal loose his hande.

XXXIIII. He that shal give any one a boxe on the eare, shal in presence of the Com­pany take the lyke boxe agayne of the party so wronged, and besydes be disarmed and banished the Company.

XXXV. No souldiours shal without order from their Chiefs, Captaines, or Com­maunders hold any common meeting or gathering together, bee it to de­maund money or ought els, nor yet be present at such assemblies, on payne of death. Provyded always, that such Capt. or Commaunders as shal suffer the same to happen at vndue seasons, and in vnlawfulwise, shall (for an ex­ample to others) bee punished with death before all the souldiours.

XXXVI. If any shall call for money as they are marching in the face of the enne­my, or vpon any enterprise, they shal receive punishment of death without any mercy.

XXXVII. Iff yt chance that the Monethly entertainement bee not payed on the very day, or that it cannot bee sent vnto the souldiours for some cause, be it through any hinderance of the enemy, or otherwise, none shall therefore make any tumult, or speake seditious wordes, or seeke to force his Captaine to the payment thereof, neyther yet any whit the lesse discharge and haue care of his marches and watches, but contenting him selfe with a reasonable loane, vntil the money become, or maye come shall fully performe the du­tie required of a good souldiour. And whosoever doth the contrarie, or ac­companieth those that doe it, shalbe punished with death.

XXXVIII. No Captaines, Lieutenants, or Ensignes shal departe out of the place where their Companies lye in garnison, whether it bee to solicite for pay­ment of their said Companies, or for their owne busines, without leave of their Commaunder or Governour, on payne of death.

XXXIX. He that shal in anie quarrell, fight, or otherwise call those of his nation to helpe, or gather an assemblie, shalbe hanged.

XL. He that shalbe found by day or night out of the campe or place besieged, without his Captaines leave, shalbe punished with death.

XLI. Whosoever shal goe on fre-booting, and commit spoyles, extorsions, and theft, shalbe hanged.

XLII. If one souldiour chalenge another into the fielde, without leave from him that commaundes in that quarter, hee shalbe punished with death.

XLIII. If any Corporal or other commaunding the watch, shall suffer towe soul­diours to goe foorth to fighte, he shall without mercy be punished with death.

XLIIII. Any souldiour being wronged by worde or deede he shall repayre to him that commaundes in the quarter, who after the hearing of both partyes shall cause satisfaction of the wrong to be made vnto the party interessed, with bare heade, and in presence of the whole watch: And yf he finde cause, shal also disarme the wrongdoer, and banish him out of the Company.

XLV. And yf there bee no witnes of the quarell, then shall the sayde Comman­der cause the partyes to agree in his presence, whereto yf they will not condescende, then both, or hee that denyes it, shalbe disarmed and banished out of the Company.

XLVI. Whatsoever souldiour or Commaunder shal goe out of the camp, Towne, or fort, or enter thereinto by any other way, then at the ports and and ordinary entrances, shalbe hanged.

XLVII. If any souldiour shall refuse the commaund of his Cap. or any other, who commaundes over him in the seruice of the States General, and not per­forme [Page]thesame, hee shalbe punished with death: as hee like wyse shal, who transgresseth any off the Generals commaundements published by sound of dromme or trompet.

XLVIII. At the sounding of any alarme every one shall resorte to his Ensigne, or Cornet, and whosoever comes not thither (vnlesse it be on apparant necessi­tie) or runnes to an other place without consent and speciall order from his Commaunder, or comes not so soone as his Ensigne, shalbe punished with death.

XLIX. Every souldiour shal ayde and defende his Coulours by day and night, and on the first warning repayre vnto them, not departing thence, vntill it bee brought into a place of safety, on payne of death.

L. If any shal depart out of the order, or rancke wherein he is placed, vnlesse it bee on necessary occasions, and that he hath therewith acquaynted his Officer, hee shalbee punished with death.

LI. Hee that shall first beginne to flye in a battaile or assault, may lawfully be slayne thereupon by any one: And yf he escape, hee shalbee declared a villayne, and receive punishment of death without mercy.

LII. None that is appoynted to the defense of any breach, trenche, or skonce, bee it Cap. or Souldiour, shall willingly forsake the same, or through any false or couloured occasions, or excuses absent himselfe from thence, without sufficient order, or warrant allowed by the Councel of warre, on payne of death.

LIII. None shal surrender or deliver to th'enemy any place, the keeping whereof is commitred vnto him, on payne of death.

LIIII. Likewyse none shal runne from his quarter in a besieged place, cry for composition, or speake thereof, bee vnwilling to fighte, labour, or defende their quarter, or make others vnwilling therevnto, or doe ought els in such a place, whereby the defense thereof may be hindered, on payne of death without any mercy.

LV. If any man runne away to th'enemy, or in such his flight bee taken by th'enemy, hee shalbe punished with death.

LVI. No Captaines shall seduce, or intyce away each others Souldiours, on payne of death.

LVII. Whosoever shal by word or deede busy himselfe with the Sergeant Maior doing his office, bee hee Captaine or Souldiour, shal without mercy be pu­nished with death: As he also shal, who wil not content himselfe with that quarter, or lodging, whereto he shalbe appoynted by the Quartermaster or Furrier, or who will disturbe another man in his place.

LVIII. If any souldiour having the wacth, shal come to his Colours not fully ar­med, to march with the rest vnto the watch, he shall for the first tyme, bee kept three dayes at breade and water: the second, disarmed and banished for three Moneths out of the Company, and the third tyme suffer death.

LIX. Every one, of what condition soever he bee, shall foorthwith or before the evening bring before him that commaundes in the quarter, al such pri­soners as shalbe taken of th'enemy, on payne of forfeicting the sayde priso­ners, and to bee punished besydes with death.

LX. And yf any shall take prisoner a Generall, Commaunder, or other man of accompt of th'enemy, he is foorthwith to present, or cause to bee presented the sayd prisoner vnto the States generall or Councell of State, and with-all to deliver him over, as also whatsoever other prisoners they wil take to thē ­selves, receyving therefore a reasonable rewarde according to the quality and ability of the prisoner: provyded that it exceede not the somme of 5000. gilderns: And so the sayd prisoner shalbe at the disposing of th'aforesayd States, and he that tooke him, pretende no farther interest in that behalfe.

LXI. Likewise none shal kil any prisoner, or set his ransome, or after the pay­ment of the sayd ransome, suffer him to departe without leave of the Gene­ral, or him that commaundes in the quarter, on payne of being disarmed, and banished out of these Countreys.

LXII. And yf any prisoners bee founde, walking along the Campe or place of garnison, without leave of the General, or him that commaundes there, he to whom the prisoner belongeth, shall forfeicte him to those, who shal first lay handes on the sayd prisoner.

LXIII. Concerning lawful pryzes, whosoeuer bring in the same, shall acquaynte therewith the Generall, or him that commaundes in the quarter, within three houres after their retourne, to th'ende they may bee accordingly re­gistred, on payne of forfeicting thesame, and to be besydes punished on the bodie.

LXIIII. Whosoever shal haue gotten any thing vpon the enemy, and giveth not notice thereof as aforesayde, that it may be registred, and after solde in the Campe or place of garnison, but shall sel, or cause it to bee solde in the pla­ces or townes neare therevnto, shall without any mercy bee punished with death, to th'ende that better order be held in all, and no man wronged in his righte.

LXV. When a souldiour shall have done any offense or faulte, his Captaine shalbe bounde (on payne of three moneths suspension from his charge) to deliver the sayd souldiour into the Generals handes, or his that commaundes in the quarter, who with the Captames, Lieutenants, and Ensignes then pre­sent, shal vpon th'information, which hee shal cause to be taken thereof, judge according to these orders and lawes.

LXVI. He that is droncke on his watch-day, shalbe cassiered, and banished out of the Company.

LXVII. Item yf any one drincke himselfe druncke, and in his drunckennesse commit any ill or ought forbidden, hee shal not thereby bee excused, but so much the more sharpely punished.

LXVIII. If any Cap. or souldiour shall refuse the muster or reviewe, hee shalbe cassiered.

LXIX. None shal at the muster let himselfe be entred by a changed, or other name, then his owne, nor passe muster with a borrowed horsse or armes: neyther shal any on the musterday lende the like, on payne of being disar­med and banished out of the Company.

LXX. None shal let himselfe be entred, or muster vnder towe Companis, on payne of death.

LXXI. None shal diminisch or pawne his armes, which are appointed him by his Captaine, on payne of being disarmed, and banished for sixe moneths out of the Company.

LXXII. None shal likewyse take or pawne any souldiours armes, on payne of loosing double the worth of the pawne.

LXXIII. None shal play away or quyte his armes, but keepe thesame alwayes cleane and serviceable, on payne of being cassiered out of the Company without pasport.

LXXIIII. None shall by cousenage get away his fellowes provisions, victuals, or armes, on payne of being disarmed, and banished for three moneths out of the Company, or els besydes, of sustaining corporal punishment according to the quality of th'offense.

LXXV. He that shal presume to set vpon a Commissary of the musters, or wrōg him either in word or deede, shalbe punished with death.

LXXVI. If any Captaine give his souldiours lesse then the pay allowed him by the States, he shalbe disgraded.

LXXVII. If any souldiour proffer to drawe his weapon against his Chief, or Com­maunder, he shalbe punished with death.

LXXVIII. If the Provost or his Officers apprehende one or more souldiours, none (of what degree soever) shall oppose himselfe thereagainst, or reskewe, or attempt to reskewe the sayd prisoners, on payne of death.

LXXIX. Furthermore, no Officer nor Gentleman of any Company, of horsse or foote, nor any common souldiour shal victuaile in any Camp, without the Generals special consent, on payne of being disarmed.

LXXX. Likewyse al Victualers that victual in the Campe, shalbe subject to th'aforesaid articles and the Councel of warre there being, on the penalty here in contayned, and shall not draw any wyne or beere for any one in the evening, an houre after the Sunnes setting, or in the morning asmuch before the rysing thereof, on payne of forfeicting 3 gilderns for every tyme they [Page]shalbe founde to have done so: the sayd forfeict to be converted, th'one halfe to the Provosts behoofe, and th'other to the reliefe of the poore.

LXXXI. Al other abuses and offenses not specifyed in thse Orders, shalbe punished according to the ordinances, lawes, and customes of the warre.

LXXXII. And yf any souldiours should not bee present at the proclayming of these orders and lawes, they shall notwithstanding bee asmuch bounde to th'observation of them as the other who were present. But to th'ende none may pretende ignorance, and every one have notice thereof, the States ge­nerall have given order, that thesame shalbee every where published on the muster-day, and charged the Commissaries to cause all the souldiours to sweare accordingly therevnto.

THus done and decreed at Arnhem after sundry conferences had here­vpon with the chiefest Commaunders of these vnited Provinces. It being farther appoynted, that these orders and lawes shalbe published both in the Campe, and wheresoever els it shalbe meete and requisite, and that at every muster the Commissaries shal reade, and propound the same agarne vnto the Companies. The 13. of August 1590.

By order of the Councell of State. Chr. Huyghens.

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