Laws and Ordinances of Warre.
- I.
FIrst,Blasphemy. Let no man presumes 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 rod-hot Iron.
- II.
Unlawfull Oaths and Execrations,Cursing. and scandalous acts in derogation of Gods Honour, shall be punished with losse of Pay, and other punishment at discretion.
- [Page] III.
All those who often and wilfully absent themselves from Sermons,Neglecting Divine Worship. and publike Prayer, shall be proceeded against at discretion: And all such who shall violate Places of publike Worship, shall undergo severe Censure.
- I.
ALL such as shall practice and entertain Intelligence with the Enemy,Intelligence with the Enemy. by any manner of means or slights, and have any communication with them, without direction from my Lord Generall, shall be punished as Traytors and Rebels.
- II.
No man shall relieve the Enemy with Money,Relief of the Enemy. Victuals, Ammunition; neither harbour or receive any such, upon pain of death.
- III.
If a Town,Yeelding up of Forts. Castle, or Fort be [Page] yeelded up without the utmost necessity, the Governour thereof shall be punished with death.
- IV.
But if so be, that the Officers and Souldiers of the Garrison, constrain the Governour to yeeld it up: In such a case shall all the Officers be punished with death, and the common Souldiers who have been active, or have given their consent in constraining the Governour, shall cast lots for the hanging of the tenth man amongst them.
- V.
And withall to know in what case and circumstances a Governour, and the Militia of the Garrison may be blamelesse, for the surrendring of a Town, Castle, or Fort, it is hereby expressely signified: That first they are to prove the extremity of want within the place, insomuch that no eatable provision was left them for the sustenance of their lives. Secondly, That no succour or relief in any probable wise could be hoped for. Thirdly, That nothing else could be expected, but [Page] that within a short time the Town, Castle, or Fort, with all the Garrison, and Arms, Ammunition, Magazine, and appurtenances in it, must of necessity, fall into the hands of the Enemy. Upon proof of which forementioned circumstances, they may be acquitted in a Counsell of Warre, else to be lyable to the punishment above expressed.
- VI.
Whosoever shall be convicted to do his Dutie negligently and carelesly,Carelesse Service. shall be punished at discretion.
- VII.
Whosoever shall presume to violate a Save-guard,Violating of a Safe guard. shall die without mercy.
- VIII.
Whosoever shall come from the Enemy, without a Trumpet, or Drum, after the Custome of Warre, or without a Passe from His Excellency, within the Quarters of the Army, or within a Garrison Town, shall be hanged up as a Spie.
- [Page]I.
WHosoever shall use any words tending to the death of the Lord Generall, Violating of the Lord Generall. shall be punished with death.
- II.
No man shall presume to quarrell with his superiour Officer,Quarrelling with Officers. upon pain of Cashiering, and Arbitrary punishment; nor to strike any such, upon pain of death.
- III.
No Souldier shall depart from his Captain,Departing from Captains and Masters. nor Servant from his Master, without license, though he serve still in the Army, upon pain of death.
- IV.
Every private man or Souldier,Silence in the Army. upon pain of Imprisonment, shall keep silence when the Army is to take Lodging, or when it is Marching, or Imbattallio, so as the Officers may be heard, and their Commandments executed.
- [Page] V.
No man shall resist,Resisting against Correction. draw, lift, or offer to draw, or lift his Weapon against any Officer, correcting him orderly, for his defence, upon pain of death.
- VI.
No person shall make any mutenous assemblies,Unlawfull Assemblies. or be present or assisting thereunto, or in, or by them, demand their pay, upon pain of death.
- VII.
No man shall resist the Provost-Marshall,Resisting of the Provost Marshall. or any other Officer, in the execution of his Office, or break prison, upon pain of death.
- VIII.
None shall utter any words of sedition and uproar,Seditious words. or muteny, upon pain of death.
- IX.
A heavy punishment shall be inflicted upon them,Concealing mutenous speeches. who after they have heard mutenous speeches, acquaint not their Commanders with them.
- X.
Whosoever shall receive an injury,Receiving of Injuries. [Page] 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 Colonel, or other superiour Officer, and it shall be given him in ample manner.
- I.
DRunkennesse in an Officer,Drunkennesse. shall be punished with losse of Place; in a common Souldier, with such penalties as a Court-Marshall think fit.
- II.
Rapes,Unnaturall abuses. Ravishments, unnaturall abuses, shall be punished with death.
- III.
Adultery,Adultery. Fornication, and other dissolute lasciviousnesse, shall be punished with discretion, according to the quality of the offence.
- IV.
Theft and Robbery,Theft. exceeding the [Page] value of twelve pence, shall be punished with death.
- V.
No man shall use reproachfull,Provocation. 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.
- VI.
No man shall take or spoil the Goods of him that dieth,Seizing upon dead mens goods. or is killed in Service, upon pain of restoring double the value, and Arbitrary punishment.
- VII.
Murther shall be expiated with the death of the Murtherer.Murther.
- I.
ALL Souldiers coming to their Colours to watch,Full Armour. or to be exercised, shall come fully armed, upon pain of severe correction.
- II.
None shall presume to appear withSlovenly Armour. [Page] their Arms unfixt, or undecently kept, upon pain of Arbitrary correction.
- III.
If a Trooper shall lose his Horse or Hackney,Loosing of Horses and Arms. or 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.
- IV.
No Souldier shall give to pawn,Pawning or selling of Armour. 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 Army.
- V.
If a Trooper shall spoil his Horse willingly,Wilfull spoiing of Horses. of purpose to be rid of the Service, he shall lose his Horse, and remain in the Camp for a Pioner.
- VI.
If one borrows Arms of another to passe the Muster withall,Borrowed Arms. the borrower shall be rigorously punished, and the lender shall forfeit his Goods.
[Page] [...] [Page] [...] - [Page] VII.
None shall presume to spoil,Imbezelling of Ammuition. fell, or carry away any Ammunition delivered unto him, upon pain of death.
- I.
NOne in their March thorow the Counties shall waste,Waste and extortion. spoil, or extort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death.
- II.
No Souldier shall presume,Taking of Horses out of the Plow. upon no occasion whatsoever, to take a Horse out of the Plow, or to wrong the Husband-men in their person, or Cattell, or Goods, upon pain of death.
- III.
No Souldiers,Stragling from the Colours. 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.
- IV.
No Souldier shall presume,Spoiling of Trees. in Marching [Page] or Lodging, to cut down any fruit-trees, or to deface, or spoil Walks of trees, upon pain of severe punishment.
- I.
NO man shall depart a mile out of the Army or Camp without license,Swerving from the Camp. upon pain of death.
- II.
No man shall enter,Going in or out by wayes. or go out of the Army, but by Ordinary wayes, upon pain of death.
- III.
No man shall presume to draw his Sword without Order,Drawing of Swords after setting the Watch. after the Watch is set, upon pain of death.
- IV.
No man shall give a false Alarum,Giving a false Alarum. or discharge a peece in the night, or make any noise without lawfull cause, upon pain of death.
- V.
No man shall draw any Sword in a private quarrell within the Camp,Drawing Swords in a quarrell. upon pain of death.
- [Page] VI.
He that makes known the Watch-word without Order,Revealing the Watch word. or gives any other word but what is given by the Officers, shall die for it.
- VII.
No man shall do violence to any that brings Victuals to the Camp,Offering violence to Victuallers. upon pain of death.
- VIII.
None speak with a Drum or Trumpet,Speaking with the Enemies Messengers. or any other sent by the Enemy, without Order, upon pain of punishment at discretion.
- IX.
A Sentinell or Perdue found asleep,A Sentinell asleep, or drunk. or drunk or forsaking their place before they be drawn off, shall die for the offence, without mercy.
- X.
No man shall fail wilfully to come to the Rendevouz or Garrison appointed him by the Lord Generall, Failing at the Rendevouz. upon pain of death.
- XI,
No man that carrieth Arms,Remaining inrolled in the Army. and pretends to be a Souldier, shall remain three [Page] daies in the Army without being inrolled in some Company, upon pain of death.
- XII.
No man that is enrolled,Departing without leave. shall depart from the Army or Garrison, or from his Colours, without License, upon pain of death.
- XIII.
No private Souldier shall out stay his Passe,Out staying a Passe. without a Certificate of the occasion, under the hand of a Magistrate at the next Muster, upon pain of losing his pay, during all the time of his absence.
- XIV.
He that absents himself when the sign is given to set the Watch,Absenting from the Watch. shall be punished at discretion, either with Bread and Water in Prison, or with the Woodden Horse.
- XV.
Whosoever shall expresse his discontent with his Quarter given him in the Camp,Discontented with their Quarters. or Garrison, shall be punished as a Mutineer.
- XVI.
No Officer,Lying or supping out of the Quarters. of what quality soever, shall go out of the Quarter to Dinner or [Page] Supper, or lie out al-night, without making his Superiour Officer acquainted, upon pain of cashiering.
- XVII.
All Officers whose charge it is,Keeping of the Quarters clean. shall see the Quarters kept clean and sweet, upon pain of severe punishment.
- XVIII.
None shall presume to let their Horses feed in sown Grounds whatsoever,Letting of Horse feed in sown grounds. or to endamage the Husbandmen any way, upon severest punishment.
- XIX.
Whosoever shall in his Quarter, abuse, beat, fright his Landlord, or any Person else in the Family, or shall extort Mony or Victuals, by violence from them, shall be proceeded against as a Mutineer, and an enemy to Discipline.
- I.
NO man shall fail immediately to repair unto his Colours (except he be impotent by lamenesse or sicknesse) when an Alarum is given,Repairing to the Colours upon an Alarum. upon pain of death.
- [Page] II.
No man shall abandon his Colours,Flying. or flie away in Battail, upon pain of death.
- III.
If a Pike-man throw away his Pike,Flinging away Arms. or a Muskettier his Musket or Bandilier, he or they shall be punished with death.
- IV.
No man shall burn any House or Barne,Burning and wasting. be it of friend or foe, or wilfully spoil any Corne, Hay, or Straw, or Stacks in the fields, or any Ship, Boat, Carriage, or any thing that may serve for the provision of the Army without order, upon pain of death.
- V.
None shall kill an enemy who yeelds,Killing an Enemy who yeelds. and throws down his Arms.
- VI.
None shall save a man that hath his offensive Arms in his hands,Saving of men armed with Offensive Arms. upon pain of losing his Prisoner.
- VII.
Whosoever in skirmish shall fling away his Powder out of his Bandiliers,Flinging away Powder. that he may the sooner come off, shall be punisht with death.
- [Page] VIII.
No Souldier shall imbezzell any part of the prey till it be disposed of by the Lord Generall, Imbezzelling of the prey. or others authorized, upon pain of death.
- IX.
No Officer or Souldier shall ransome,Concealing of Prisoners or conceal a Prisoner; but within twelve hours, shall make the same known to the Lord Generall, or others authorized, upon pain of death.
- X.
No man upon any good successe,Pillaging without licence. shall fall a pillaging before licence, or a sign given, upon pain of death.
- XI.
A Regiment or Company of Horse or Foot,Retreating before handy-blows. 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 Pioniers and Scavengers, till a worthy exploit take off that Blot.
- [Page]I.
ALL Commanders are straightly charged to see Almighty God reverently served,Commanders must see God duly served. and Sermons and Prayers duely frequented.
- II.
All Commanders and Officers that finde any of discontented humors,Commanders must acquaint my Lord Generall with dangerous humours. apt to mutenize, or any swerving from direction given, or from the policy of the Army set down, shall straight way acquaint the Lord Generall therewith, or others authoriz'd, as they wil answer their neglect.
- III.
Any Officer that shall presume to defraud the Souldiers of their Pay,Defraud of Souldiers pay. or any part of it, shall be cashiered.
- IV.
No Corporall,Stopping of Duellers. or other Officer commanding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or private Fight, upon pain of death.
- V.
What OfficerDrunken and quarrelsome Officers. soever shall come drunk [Page] 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.
- VI.
A Captaine that is carelesse in the Training and Governing of his Company,Carelesse Captains. shall be displaced of his Charge.
- VII.
All Captains or Officers that shall outstay their Passe,Officers outstaying their passe. shall be punished at the Lord Generals discretion.
- VIII.
All Officers,All Officers bound to part quarrels. of what condition soever, shall have power to part quarrels & frays, 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.
- [Page] IX.
A Captain or Officer non-resident in the place assigned him for Garrison without license,Officers non-resident in Garrison. shall have one Moneths pay defaulted for the first Offence, and two Moneths for the second: upon the third Offence he shall be discharged of his command.
- X.
After the Army is come to the generall Rendevouz,Cashiering of Souldiers. no Captain shall cashier any Souldier that is enrolled, without speciall Warrant of the Lord Generall.
- XI.
No Captain or Officer of a Troop or Company,Mustering of false and counterfe [...]t Troops. shall present in Musters, any but reall Troopers and Souldiers, such as by their pay are bound to follow their Colours, upon pain of cashiering without mercy. And if any Victualler, Free-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.
- XII.
No Provider,Commissaries of Victuals and Ammunition must be true. Keeper, or Officer of Victuall or Ammunition, shall imbezell or spoil any part thereof, or give any false [Page] account to the Lord Generall, upon pain of death.
- I.
NO Muster-Master must wittingly let any passe in the Musters,Muster Masters conniving at counterfei [...]s but such as are really of the Troop or Company presented, upon pain of death.
- II.
All Captains shall cause their Troops or Companies to be full and compleat;Captains must send a Roll of their men to the Lord Generall. and two dayes after the Generall Mustering, they shall send to the Lord Generall a perfect List or Roll of all the 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 Monethly Pay.
- III.
The like Roll or List shall the Captains send to the Lord Generall, Every Pay-day. and to the Treasurer of the Army upon every Pay-day, during the Service, with a punctuall expression at the bottome of the said Roll, what new Troopers or Souldiers have been entertained since the last Pay-day, in lieu of such as are either deceased [Page] or cashiered, and likewise the day whereon they were so cashiered and entertained.
- IV.
Which said List or Roll shall be subscribed,Subscribed by all the Officers of the Troop or Company. not onely by the Captain and his Lievtenant and Coronet or Ensigne, but also by the Sergeants and Corporals respectively, who shall declare upon their Oath, That the Troopers and Souldiers 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.
- V.
No Muster-Master shall presume to receive or accept of any Roll to make the Musters by,Muster-Masters must use no other Rolls. but the forementioned Rols, upon pain of the losse of his place, and other punishment at discretion.
- VI.
No man shall presume to present himself to the Muster,Counterfeit names in the Rolls. or to be inrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death.
- [Page]I.
NO Victuallers shall presume to issue or sell unto any of the Army,Victuallers issuing naughty Victuals unsound, unsavoury, or unwholesome Victuals upon pain of imprisonment, and further Arbitrary punishment.
- II.
No Souldier shall be a Victualler without the consent of the Lord Generall, No Souldier must be a Victualler. or others authorized upon pain of punishment at discretion.
- III.
No Victualler shall entertain any Souldiers in his House,Unseasonable hours kept by Victuallers. Tent, or Hutt, after the Warning-piece at night, or before the beating of the Ravalee in the morning.
- IV.
No Victualler shall forestall any Victuals, nor sell them before they be appraised by the Marshall Generall, upon severe punishment.
- I.
ALL controversies between Souldiers and their Captains,Summary proceedings and all others, shall be summarily heard and determined by the Councell of Warre, except the weightinesse of the cause require further deliberation.
- [Page] II.
All Officers and others who shall send up any Prisoners unto the Marshall Generall of the Army;The Provost Marshall must look to his prisoner. shall likewise deliver unto the Marshall, the cause and reason of the Imprisonment; And without such cause and reason shown, the Marshall is expresly forbid to take charge of the Prisoner.
- III.
When a Prisoner is committed to the charge of the Marshall Generall, The information of the crime which he standeth committed for, is to be given in to the Advocate of the Army, within 48 hours, after the commitment, or else, for default thereof, the Prisoner to be released, except good cause be shown; wherefore the Information cannot be ready within that time.
- IV.
The Goods of such as die in the Army or Garrison,Goods of the destinct. 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 [Page] of the Lord Generall, according to the Laws Civill and Military.
- V.
No Magistrate of Town or Countrey,Civill Magistrates imprisoning Souldiers. shall without license imprison any Souldier, unlesse for capitall Offences.
- VI.
In matters of debts or trespasse,For debts and other small offences. or other inferiour cases, the Magistrate shall acquaint his Captain, or other chief Officer therewith, who is to end the matter with rhe 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 onely see him righted, but the Officer punished for his neglect in this behalf.
- VII.
No man shall presume to use any braving or menacing words,Braving the Court of Justice. signes, or gestures, while the Court of Justice is sitting, upon pain of death.
- VIII.
No Inhabitant of City,Receiving of Run awayes. Town, or Country, 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.
- [Page] IX.
All Captains,Detecting of Offenders. 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 Marshals Court.
- X.
If the Marshall shall dismisse without Authority, any Prisoner committed unto his charge, or suffer him to make an escape, he shall be lyable to the same punishment due unto the dismissed or escaped offendour.
- XI.
All other Faults,Offences whatsoever to be punished by the Laws of Warre. Disorders, and Offences not mentioned in these Articles, shall be punished according to the generall Customes and Laws of Warre.
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 to cause them to be forthwith distinctly and audibly read in every severall Regiment, by the respective Marshals [Page] in presence of all the Officers; 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 them.