Laws and Ordinances OF WARRE, Established for the better Conduct of the Army, BY HIS EXCELLENCY The Earl of ESSEX, Lord Generall Of the Forces raised by the Authority of the PARLIAMENT, For the defence of the KING and KINGDOM. Together with A DECLARATION Of the LORDS and COMMONS in PARLIAMENT, Concerning the regulating of great Inconveniences in HIS EXCELLENCIES Army.
LONDON, Printed for John Partridge, and John Rothwell. May 13. 1643.
ROBERT, Earl of ESSEX, Viscount HEREFORD, Lord FERRERS of Chartley, Bourchier, and Lovain: Captain Generall Of the Army raised by the Authority OF PARLIAMENT, for the defence of the KING and KINGDOM:
TO all the Officers of the Army; Colonells, Lievtenant-Colonells, Serjeant-Majors, Captains, other Officers and Souldiers of Horse and Foot, and all others whom these Laws and Ordinances shall concerne.
WHich Laws and Ordinances hereby published, all the said persons respectively and severally are required and commanded to observe and keep on the Pains and Penalties therein expressed.
Laws and Ordinances of Warre.
Of Duties to God.
Blasphemy.I.FIrst, Let no man presume to blaspheme the holy and blessed Trinity, God the Father, God the Son, and God the holy Ghost; nor the known Articles of our Christian Faith, upon pain to have his tongue bored with a red hot Iron.
Cursing.II. Unlawfull Oaths and Execrations, and scandalous acts in derogation of Gods Honour, shall be punished with losse of Pay, and other punishment at discretion.
Neglecting Divine Worship.III. All those who often and wilfully absent themselves from Sermons, and publike Prayer, shall be proceeded against at discretion: And all such who shall violate Places of publike Worship, shall undergo severe Censure.
Of Duties in generall.
Intelligence with the Enemy.I. ALl such as shall practice and entertain Intelligence with the Enemy, by any manner of means or slights, or have any communication with them, without direction from my Lord Generall, shall be punished as Traitors and Rebells.
Relief of the Enemy.II. No man shall relieve the Enemy with Money, Victualls, Ammunition; neither harbour or receive any such, upon pain of death.
Yielding up of Forts.III. Whosoever yeeldeth up any Town, Fort, Magazine, Victualls, Arms, Ammunition, or that motioneth any such thing, but upon extremity, and that to the Governour, or in Councell, shall be executed as a Traitor.
[Page] Carelesse Service.IV. Whosoever shall be convicted to do his Duty negligently and carelesly, shall be punished at discretion.
Violating of a Safe-guard.V. Whosoever shall presume to violate a Save-guard, shall die without mercy.
Of Duties toward Superious and Commanders.
Violating of the Lord Generall.I. VVHosoever shall use any words tending to the death of the Lord Generall, shall be punished with death.
Quarrelling with OfficersII. No man shall presume to quarrell with his superiour Officer, upon pain of Cashiering, and arbitrary punishment; nor to strike any such, upon pain of death.
Departing from Captains and Masters.III. No Souldier shall depart from his Captain, nor Servant from his Master, without license, though he serve still in the Army, upon pain of death.
Silence in the Army.IV. Every private man and Souldier, upon pain of Imprisonment, shall keep silence when the Armie is to take lodging, or when it is marching, or imbattallio, so as the Officers may be heard, and their Commandments executed.
Resisting against Correction.V. No man shall resist, draw, lift, or offer to draw or lift his weapon against any Officer correcting him orderly for his defence, upon pain of death.
Vnlawfull Assemblies.VI. No person shall make any mutenous assemblies, or be present or assisting thereunto, or in, or by them demand their pay, upon pain of death.
Resisting of the Provost-Marshall.VII. No man shall resist the Provost-Marshall, or any other Officer, in the execution of his Office, or break prison, upon pain of death.
Seditious words.VIII. None shall utter any words of sedition and uprore, or muteny, upon pain of death.
Concealing mutenous speeches.IX. A heavy punishment shall be inflicted upon them who after they have heard mutenous speeches, acquaint not their Commanders with them.
[Page] Receiving of Injuries.X. Whosoever shall receive an injury, and shall take his own satisfaction, shall be punished by Imprisonment, and as it shall be thought fit by the Marshall-Court: But he that is injured shall be bound, if he do not forgive the injury to seek reparation by complaint to his Captain, or Colonell, or other superiour Officer, and it shall be given him in ample manner.
Of Duties morall.
Drunkennes.I. DRunkennesse in an Officer, shall be punished with losse of place; in a common Souldier, with such penalties as a Court-Marshall shall think fit.
Vnnaturall abuses.II. Rapes, Ravishments, unnaturall abuses, shall be punished with death.
Adultery.III. Adultery, Fornication, and other dissolute lasciviousnesse, shall be punished with discretion, according to the quality of the offence.
Theft.IV. Theft and Robberie, exceeding the value of twelve pence, shall be punished with death.
Provocation.V. No man shall use reproachfull nor provoking words or acts to any, upon pain of Imprisonment, and further punishment, as shall be thought fit to be inflicted upon enemies to discipline and service.
Seizing upon dead mens goods.VI. No man shall take or spoil the goods of him that dieth, or is killed in Service, upon pain of restoring double the value, and arbitrary punishment.
Murther.VII. Murther shall be expiated with the death of the murtherer.
Of a Souldiers Duty touching his Arms.
Full ArmourI. ALl Souldiers coming to their Colours to watch, or to be exercised, shall come fully armed, upon pain of severe correction.
Slovenly Armour.II.None shall presume to appear with their Arms unfixt, or undecently kept, upon pain of arbitrary correction.
[Page] Boosing of Horses and Arms.III. If a Trooper shall lose his horse or hackney, or a Foot-man any part of his Arms, by negligence or lewdnesse, by dice or cards, he or they shall remain in qualitie of Pioners and Scavengers, till they be furnished with as good as were lost, at their own charge.
Pawning or selling of Armour.IV. No Souldier shall give to pawn, or sell his Armour, upon pain of imprisonment, and punishment at discretion; and wheresoever any Armour shall be found so sold or pawned, they shall be brought again into the Armie.
Wilfull spoiling of horses.V. If a Trooper shall spoil his horse willingly, of purpose to be rid of the Service, he shall lose his horse, and remain in the Camp for a Pioner.
Borrowed Arms.VI. If one borrows Arms of another to passe the Muster withall, the borrower shall be rigorously punished, and the lender shall forfeit his goods.
Imbezelling of Ammunition.VII. None shall presume to spoil, sell, or carry away any Ammunition delivered unto him, upon pain of death.
Of Duty in marching.
Waste and extortion.I. NOne in their march thorow the Countries shall waste, spoil, or extort any Victualls, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death.
Taking of horses out of the Plow.II. No Souldier shall presume, upon no occasion whatsoever, to take a horse out of the Plow, or to wrong the husbandmen in their persons, or cattell, or goods, upon pain of death.
Stragling from the Colours.III. No Souldiers, either Horse or Foot, shall presume in marching to straggle from his Troop or Company, or to march out of his rank, upon pain of death.
Spoiling of trees.IV. No Souldier shall presume, in marching or lodging, to cut down any fruit-trees, or to deface or spoil Walks of trees, upon pain of severe punishment.
Of Duties in the Camp and Garrison.
Swerving from the Camp.I. NO man shall depart a mile out of the Armie or Camp without license, upon pain of death.
Going in or out by-ways.II. No man shall enter, or go out of the Army, but by ordinary wayes, upon pain of death.
Drawing of swords after setting the Watch.III. No man shall presume to draw his sword without order, after the Watch is set upon pain of death.
Giving a false Alarm.IV. No man shall give a false Alarm, or discharge a piece in the night, or make any noise without lawfull cause, upon pain of death.
Drawing swords in a quarrell.V. No man shall draw any sword in a private quarrell within the Camp, upon pain of death.
Revealing the Watch-word.VI. He that makes known the Watch-word without order, or gives any other word but what is given by the Officers, shall die for it.
Offering violence to Victuallers.VII. No man shall do violence to any that brings Victualls to the Camp, upon pain of death.
Speaking with the Enemies Messengers.VIII. None shall speak with a Drum or Trumpet, or any other sent by the Enemie, without order, upon pain of punishment at discretion.
A Sentinell asleep, or drunk.IX. A Sentinell or Perdue found asleep, or drunk, or forsaking their place before they be drawn off, shall die for the offence, without mercy.
Failing at the Rendevouz.X. No man shall fail wilfully to come to the Rendevouz or Garrison appointed him by the Lord Generall, upon pain of death.
Remaining unrolled in the Army.XI. No man that carrieth Arms, and pretends to be a souldier, shall remain three dayes in the Army without being inrolled in some Company, upon pain of death.
Departing without leave.XII. No man that is enrolled, shall depart from the Army or Garrison, or from his Colours, without License, upon pain of death.
Out-staying a Passe.XIII. No private Souldier shall out-stay his Passe without a certificate of the occasion, under the hand of a [Page]Magistrate at the next Muster, upon pain of losing his pay, during all the time of his absence.
Absentings from the Watch.XIV. He that absents himself when the sign is given to set the Watch, shall be punished at discretion, either with bread and water in prison, or with the wodden horse.
Discontented with their Quarters.XV. Whosoever shall expresse his discontent with his Quarter given him in the Camp, or Garrison, shall be punished as a Muteneer.
Lying or supping out of the Quarters.XVI. No Officer, of what quality soever, shall go out of the Quarter to dinner or supper, or lie out all night, without making his superiour Officer acquainted, upon pain of cashiering.
Keeping of the Quarters clean.XVII. All Officers whose charge it is, shall see the Quarters kept clean and sweet, upon pain of severe punishment.
Letting of Horses feed in sown grounds.XVIII. None shall presume to let their horses feed in sown grounds whatsoever, or to endamage the husbandmen any way, upon severest punishment.
Of Duties in Action.
Repairing to the Colours upon an Alarum.I. NO man shall fail immediately to repair unto his Colours (except upon evident necessity) when an Alarm is given, upon pain of death.
Flying.II. No man shall abandon his Colours, or flie away in Battell, upon pain of death.
Flinging away Arms.III. If a Pike-man throw away his Pike, or a Muskettier his Musket or Bandilier, he or they shall be punished with death.
Burning and wasting.IV. No man shall burn any house or Barn, be it of friend or so, or wilfully spoil any Corn, Hay, or Straw, or Stacks in the fields, or any Sheep, Boat, Carriage, or any thing that may serve for the provision of the Army, without order, upon pain of death.
[Page] Killing an Enemy who yeelds.V. None shall kill an enemy who yeelds, and throws down his Arms.
Saving of men armed with offensive Arms.VI. None shall save a man that hath his offensive Arms in his hands, upon pain of losing his prisoner.
Flinging away Powder.VII. Whosoever in skirmish shal fling away his Powder out of his Bandiliers, that he may the sooner come off, shall be punisht with death.
Imbezzelling of the prey.VIII. No Souldier shall imbezzell any part of the prey, till it be disposed of by the Lord Generall, or others authorized, upon pain of death.
Concealing of Prisoners.IX. No Officer or Souldier shall ransome, or conceal a Prisoner, but within twelve houres, shall make the same known to the Lord Generall, or others authorized, upon pain of death.
Pillaging without licence.X. No man upon any good successe, shall fall a pillaging before licence, or a sign given, upon pain of death.
Retreating before handy-blows.XI. A Regiment, or Company of Horse or Foot, that chargeth the Enemy, and retreats before they come to handy-strokes, shall answer it before a Councell of War; and if the fault be found in the Officers, they shall be banished the Camp; if in the Souldiers, then every tenth man shall be punished at discretion, and the rest serve for Pioners and Scavengers, till a worthy exployt take off that Blot.
Of the duties of Commanders and Officers in particular.
Commanders must see God duly served.I. ALL Commanders are straightly charged to see Almighty God reverently served, and Sermons and Prayers duly frequented.
Commanders must acquaint my Lord Generall with dangerous humours.II. All Commanders and Officers that find any of discontented humors, apt to mutinize; or any swerving from direction given, or from the policy of the Army set down, shall straight way acquaint the Lord Generall [Page]therewith, or others authorized, as they will answer their neglect.
Defrauding of Souldiers pay.III. Any Officers that shall presume to defraud the Souldiers of their pay, or any part of it, shall be casheered.
Stopping of Duellers.IIII. No Corporall, or other Officer commanding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or private Fight, upon pain of death.
Drunken and quarrelsome Officers.V. What Officer soever shall come drunk to his Guard, or shall quarrell in the Quarter, or commit any disorder, shall be cashiered without mercy; and the next Officer under him shall have his place, which he may pretend to be his right, and it shall not be refused to him.
Carelesse Captains.VI. A Captain that is carelesse in the training and governing of his Company, shall be displaced of his charge.
Officers out-staying their passe.VII. All Captains or Officers that shall out-stay their Passe, shall be punished at the Lord Generalls discretion.
All Officers bound to part quarrels.VIII. All Officers, of what condition soever, shall have power to part quarrels and frayes, or sudden disorders betwixt the Souldiers, though it be in any other Regiment or Company, and to commit the disordered to prison for the present, untill such Officers as they belong unto are acquainted with it: And what Souldier soever shall resist, disobey, or draw his Sword against such an Officer (although he be no Officer of his Regiment or Company) shall be punished with death.
Officers non-resident in Garrison.IX. A Captain or Officer non-resident in the place assigned him for Garrison, without license, shall have one months pay defaulted for the first offence; and two months for the second: upon the third offence he shall be discharged of his Command.
Cashiering of Souldiers.X. After the Army is come to the general Rendezvouz, [Page]no Captain shall cashiere any Souldier that is enrolled; without speciall Warrant of the Lord Generall.
Mustering of false and counterfeit Troops.XI. No Captain of a Troop shall present in Musters any but reall Troopers, such as are bound by their pay to follow the Troops, upon pain of cashiering without mercy. And if any Victualler, Fee-booter, Enterloper, or Souldier whatsoever, of any Troop or Company, shall present himself or his horse in the Muster, to mislead the Muster-Master, and to betray the service; the same shall be punished with death.
Commissaries of victuals & Ammunition must be true.XII. No Provider; Keeper, or Officer of Victuall or Ammunition, shall imbezell or spoil any part thereof, or give any false account to the Lord Generall, upon pain of death.
Of the Duty of Muster-Masters.
Muster-Masters conniving at counterfeits.I. NO Muster-Master must wittingly let any passe in the Musters, but such as are really of the Troop or Company presented, upon pain of death.
Captains must send a Roll of their men to the Lord Generall.II. All Captains shall cause their Troops or Companies to be full and compleat; and two dayes after the Generall Mustering, they shall send to the Lord Generall a perfect List or Roll of all their Officers of their Troops and Companies, and likewise of all the Troopers and Souldiers that are in actuall Service, putting down distinctly on the head of each man his monthly pay.
Every payday.III. The like Roll or List shall the Captains send to the Lord Generall, and to the Treasurer of the Armie, upon every pay-day during the Service, with of punctuall expression at the bottom of the said Roll [...] new Troopers or Souldiers have been [...] [Page]finde the last Pay-day, no [...] of such as are either deceased or cashiered, and his wise the day whereon they were so cashiered and [...].
Subscribed by all the officers of the Troop or Company.IV. Which said List or Rowl shall be subscribed not onely by the Captain and his Lievtenant and Coronet or Ensign, but also by the Serjeants and Corporals respectively, who shall declare upon their Oaths, That the Troopers and Souldiers and enrolled in the said List are reall and actuall Troopers and Souldiers of the respective Troops and Companies. And whosoever shall be convicted of falshood in any of the premises, shall be cashiered.
Muster-Masters must use no other RolsV. No Muster-master shall presume to receive or accept of any Rowl to make the Musters by, but the forementioned Rowls, upon pain of the losse of his place, and other punishment at discretion.
Counterfeit names in the Rolls.VI. No man shall presume to present himself to the Muster, or to be inrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death.
Of Victuallers.
Victuallers issuing naughty Victualls.I. NO Victuallers shall presume to issue or sell unto any of the Army, unsound, unsavoury, or unwholsome Victuals, upon pain of imprisonment, and further arbitrary punishment.
No souldier must be a Victualler.II. No Souldier shall be a Victualler without the consent of the Lord Generall, or others authorized, upon pain of punishment at discretion.
[...]III. No Victualler shall entertain any Souldiers in [...] Tent, or Hurt, after the Warning-piece at [...] before the beating of the Ravalee in the [...]
[Page] IV. No Victualler shall forestall any Victualls, nor sell them before they be appraised by the Marshall Generall, upon severe punishment.
Of administration of Justice.
Summary proceedings.I. ALl controversies between Souldiers and their Captains, and all others, shall be summarily heard and determined by the Counsell of War, except the weightinesse of the cause require further deliberation.
The Provost-Marshall must look to his prisoners.II. No Provost-Marshall shall refuse to keep a Prisoner committed to his charge, nor dismisse him, being once received, upon pain of being liable to the same punishment which should have been inflicted upon the party dismissed.
Goods of [...] destinct.III. The goods of such as die in the Army or Garrison, or be slain in the Service, if they make any Will by word or writing, shall be disposed of according to their Will. If they make no Will, then shall go to their wives, or next kin. If no wife or kindred appear within a yeer after, shall be disposed of by the appointment of the Lord Generall, according to the Laws Civill and Military.
Civill Magistrates imprisoning Souldiers.IV. No Magistrate of Town or Countrey, shall without License imprison any Souldier, unlesse for capitall offences.
For debts and other small offences.V. In matters of debts or trespasse, or other inferiour cases, the Magistrate shall acquaint his Captain, or other chief Officer therewith, who is to end the matter with the consent of the complainant, or to leave the party grieved to take his remedy by due course of Law: And if the Officer fail of his duty therein, the Lord Generall upon complaint of the party grieved, will not only see him righted, but the Officer punished for his neglect in this behalf.
[Page] Braving the Court of Iustice.VI. No man shall presume to use any [...]aving or menacing words, signes, or gestures, while the Court of Justice is sitting, upon pain of death.
Receiving of Run-awayes.VII. No inhabitant of City, Town, or Countrey, shall presume to receive any Souldier into his service, or conceal, or use means to convey such Run-awayes, but shall apprehend all such, and deliver them to the Provost Marshall.
Detecting of offenders.VIII. All Captains, Officers, and Souldiers, shall do their endeavours to detect, apprehend, and bring to punishment all offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slacknesse in the Marshalls Court.
Offences whatsoever to be punished by the Laws of War.IX. All other faults, disorders, and offences not mentioned in these Articles, shall be punished according to the generall Customs and Laws of War.
And to the end that these Laws and Ordinances be made more publike and known, as well to the Officers, as to the common Souldiers, every Colonell and Captain is to provide some of these Books. And within a short time after that the Army shall come to the generall Rendevouz, these Laws in every severall Regiment, in the presence of all the Officers, are plainly and distinctly to be read by the Marshalls of the severall Regiments, assisted by the Marshall Generall; in the horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard; the Captain is to do the like, that none may be ignorant of the Laws and Duties required.
BY vertue of the Authority given me by the Ordinance of the Lords and Commons in Parliament, I command these Ordinances to be observed and obeyed in the Army: And by these Presents give order that the same shall be forthwith printed and published.
A DECLARATION Of the Lords and Commons assembled in Parliament: Concerning the great Inconveniences in His Excellencies Army.
WHereas it is found, That great inconveniences have ensued, for want of a strict and severe Discipline, to have been observed in the Army now raised by Authority of Parliament, under the Command of Robert Earl of Essex; And for that the Laws and Ordinances by him set forth for the Government of the said Army, have not been put in execution: It is now Ordained and Declared by the Lords and Commons in Parliament assembled, That from henceforth [Page]the Officers and Souldiers of the said Army may not expect any further forbearance of such punishments to be inflicted on them for any their offences, as shall be due unto them by the said Laws and Ordinances; But that the Lord Generall may and ought to punish them by death, or otherwise, according to their demerits.