I.

Kirk Diſcipline.Kirk Diſcipline ſhall be exerciſed, and the ſick cared for in every Regiment, by the particular Elderſhip, or Kirk-Seſſion to be appointed, even as uſeth to be done in every Pariſh in the time of Peace: And that there may be an uniformitie thorowout the whole Army in all matters Eccleſiaſticall, there ſhall be a generall Elderſhip, or common Eccleſiaſtick Judicatory, made up of all the Miniſters of the Camp, and of one Elder direct from every particular Regiment, who ſhall alſo judge of Appellations made unto than from the particular Seſſions or Elderſhips.

II.

Councels of War.For deciding of all queſtions, debates and quarrellings that ſhall ariſe betwixt Captains and their Souldiers, or any others of the Army, and for the better obſerving of Camp-Diſcipline, two Courts of juſtice, the one higher, and the other lower, are appoynted, wherein all Judges are ſworne to do juſtice equally: The higher alſo to judge of Appellations to be made from the lower Court. And if any man ſhall by word or geſture ſhew his contempt or miſ-regard, or ſhall fall out in boaſting or braving, while Courts are ſitting, hee ſhall be puniſhed by death. And both theſe Judicatories, as well of the Kirk matters, as of War, ſhall be ſubject to the Generall Aſſembly, and Committee of Eſtates reſpective.

III.

Whoſoever ſhall wilfully or careleſly abſent himſelfe from morning and evening Prayers,Duties to God. or from preaching before and after-noon on the Lords Day, or other extraordinarie times appoynted for the worſhip of GOD, when the ſigne is given by ſound of Trumpet or Drum, hee ſhall be cenſured and puniſhed for his neglect or contempt, by penaltie, impriſonment, or other puniſhment, as his fault deſerveth.

After the warning given, there ſhall be no Market, nor ſelling of Commodities whatſoever, till the Prayers or Preaching be ended, upon the paine of forfeiting the things ſo ſold, and of the impriſoning of the offenders.

IV.

Common and ordinary ſwearing and curſing, open prophaning of the Lords Day, wronging of his Miniſters, and other Acts of that kind, ſhall not only be puniſhed with loſſe of pay and impriſonmene, but the Tranſgreſſors ſhall make their publike repentance in the midſt of the Congregation, and if they will not be reclaimed, they ſhall with diſgrace be openly caſſeered and diſcharged, as unworthy of the meaneſt place in the Army.

V.

If any ſhall ſpeak irreverently againſt the Kings Majeſtie & his authoritie, or ſhall preſume to offer violence to his Majeſties Perſon, he ſhall be puniſhed as a Traytor.Duties to the King, Countrey, & Generall. Hee that ſhall ſpeak evill of the Cauſe which wee defend, or of the Kingdomes, the Parliaments, Convention of Eſtates, or their Committees in the defence therof, or ſhall uſe any words to the diſhonour of the Lord Generall, he ſhall be puniſhed with death.

No man ſhall at his own hand, without warrant of the Committee, or of my Lord Generall, have, or keep intelligence with the enemy, by ſpeech, letters, ſignes, or any other way, under the pain to be puniſhed as a Traytour. No man ſhall give over any Strength, Magazin, Victuall, &c. Or make any ſuch motion, but upon extremitie, under the ſame paine. No man ſhall give ſupply, or furniſh money, victuall, or any commodities to the enemy, upon pain of death.

Whoſoever ſhall be found to do violence againſt the Lord Generall, his Safe-guard, or Safe-conduct, ſhall dye for it.

Whoſoever ſhall be found guiltie of careleſneſſe and negligence in his ſervice, although he be free of treachery and double-dealing, ſhall beare his owne puniſhment.

VI.

Duties of Superiours.All Commanders and Officers ſhall be carefull, both by their authority and example, that all under their charge, live in godlineſſe, ſoberneſſe, and righteouſneſſe: And if they themſelves ſhall be common ſwearers, curſers, drunkards, or any of them at any time ſhall come drunke to his Guard, or by quarelling, or any other way ſhall commit any notable diſorder in this quarter, loſſe of place ſhall be his puniſhment; And further, according to the ſentence of the Court of War.

The Captaines that ſhall be negligent in training their Companies, or that ſhall be found to withhold from their ſouldiers any part of their pay, ſhall be diſcharged of their place, and further cenſured by the Court of War.

No Commander or Officer ſhall conceale dangerous and diſcontented humours, inclined to mutinies, or grudging at the orders given them, but ſhall make them knowne to the prime Leaders of the Army, upon the paine to be accounted guilty of mutiny.

No Commander or Officer ſhall authorize, or wittingly permit any Souldier to goe forth to a ſingular combate, under paine of death: But on the contrary, all Officers ſhall be carefull By all meanes to part quarrellings amongſt Souldiers, although they be of other Regiments or Companies, and ſhall have power to command them to priſon, which if the Souldiers ſhall diſobey or reſiſt by uſing any weapon, they ſhall die for it.

No Captaine ſhall preſume at his owne hand, without warrant of the Lord Generall, to caſſeer or give a Paſſe to any enrolled Souldier or Officer, who hath appeared at the place of the generall Rendezvous; nor ſhall any Commander, Officer, or Souldier depart without a Paſſe, or ſtay behinde the time appointed him in his Paſſe; and whoſoever tranſgreſſeth the one way or the other, ſhall be puniſhed at the diſcretion of the Court of War.

VII.

All Souldiers ſhall remember that it is their part to honour and obey their Commanders,Duties of Souldiers. and therefore ſhall receive their commands with reverence, and ſhall make no noiſe, but be ſilent, when the Officers are commanded, or giving their directions, that they may be heard by all, and the better obeyed: he that faileth againſt this, ſhall be impriſoned.

No Souldier ſhall leave his Captaine, nor ſervant forſake his Maſter, whether he abide in the Army or not, but upon licence granted, and in an orderly way.

Whoſoever ſhall preſume to diſcredit any of the great Officers of the Army, by Writ, Word, or any other way, and be not able to make it good; & whoſoever ſhall lift his weapon againſt any of them, ſhall be puniſhed by death; and whoſoever ſhall lift his hand againſt any of them, ſhall loſe his hand.

No Souldier, not inferiour Officer, ſhall quarrell with, or offer any injury to his ſuperiour, nor refuſe any duty commanded him, upon paine of caſſeering, and to be further cenſured by the Court of War. And if any ſhall preſume to ſtrike his Superiour, he ſhall be puniſhed with death. But if it ſhall happen, that any Officer ſhall command any thing to the evident and knowne prejudice of the publicke, then ſhall he who is commanded, modeſtly refuſe to obey, and preſently give notice thereof to the Lord Generall.

If any man ſhall uſe any words or wayes, tending to mutiny or ſedition, whether for demanding his pay, or upon any other cauſe; or if any man ſhall be privy to ſuch mutinous ſpeeches or wayes, & ſhall conceal them, both ſhall be puniſhed with death.

All muſt ſhew their valour againſt the Enemy, and not by revenging their private injuries, which upon their complaints to their ſuperiour Officers, ſhall be repaired to the full. And if any man preſume to take his owne ſatiſfaction, or challenge a combate, he ſhall be impriſoned, and have his puniſhment decerned by the Marſhall Court.

The Provoſt-Marſhall muſt not be reſiſted or hindered, in apprehending or putting Delinquents in priſon, and all Officers muſt aſſiſt him to this end; and if any man ſhall reſiſt or breake priſon, he ſhall be cenſured by the Court of War.

VIII.

Duties to others.Murther is no leſſe unlawfull and intollerable in the time of War, then in the time of Peace, & is to be puniſhed with death.

Whoſoever ſhall be found to have forced any woman, whether he be Commander or Souldier, ſhall die for it without mercy. And whoſoever ſhall be found guilty of adultery or fornication, ſhall be no leſſe ſeverely cenſured and puniſhed then in the time of Peace.

If any common whores ſhall be found following the Army, if they be married women, and run away from their husbands, they ſhall be put to death without mercy; and if they be unmarried, they ſhall be firſt married by the hangman, and thereafter by him ſcourged out of the Army.

Theeves and Robbers ſhall be puniſhed with the like ſeverity. If any ſhall ſpoile or take any part of their goods that die in the Army, or are killed in ſervice, he ſhall reſtore the double, and be further puniſhed at diſcretion. It is provided, that all their goods be forth-comming, and be diſpoſed of according to their Teſtament and Will, declared by word or writ before witneſſes; or if they have made no Teſtament, to their Wives, Children, or neareſt Kindred, according to the Lawes of the Kingdome.

All ſhall live together as friends and brethren, abſtaining from words of diſgrace, contempt, reproach, giving of lies, and all provocation by word or geſture: He that faileth, ſhall be impriſoned for the firſt fault; and if he be incorrigible, he ſhall be with ſhame puniſhed, and put out of the Army.

IX.

All Souldiers ſhall come to their Colours, to watch,Concerning Armes. to be exerciſed, or to muſter, with their owne Armes: And if any Souldier ſhall come with another mans Armes, he ſhall be puniſhed with rigour, and the lender ſhall loſe his Armes. All ſhall come alſo with compleate and tight Armes in a decent manner, otherwiſe to be ſeverely puniſhed.

If any man ſhall ſell or give in pawne his horſe, his Armes, or any part of the Ammunition committed to him: or any Inſtruments; as Spades, Shovels, Pickes, uſed in the Field, he ſhall for the firſt and ſecond time be beaten through the quarter, and for the third time be puniſhed as for other theft: And he that buyeth them, or taketh them to pawne, be he Souldier or Victualler, ſhall pay the double of the Money, beſide the want of the things bought or impawned, and be further puniſhed at diſcretion.

Whoſoever in a debawched and lewd manner by Cards or Dice, or by ſloath and unexcuſable neglect, ſhall loſe his Horſe and Armes, in whole, or in part, to the hinderance of the ſervice; And whoſoever ſhall wilfully ſpoile, or breake his Armes, or any Inſtrument of War committed to him, by cutting downe of Trees, or any other way, he ſhall ſerve as a Pioner, till the leſſe be made up, and he furniſhed upon his owne charges.

X.

No man on his march, or at his lodging, within or without the Countrey upon whatſoever pretext, ſhall take by violence,Concerning marching. either horſe, cattell, goods, money, or any other thing leſſe or more, but ſhall pay the uſuall prices for his meat and drinke, or be furniſhed in an orderly way upon count, at the ſight of the Commiſſar, according to the order given by the committee upon paine of death, without mercy.

If any man ſhall preſume to pull downe, or ſet on fire any dwelling houſe, though a Cottage, or hew downe any Fruit-trees; or to waſte or deface any part of the beauty of the Countrey, he ſhall be puniſhed moſt ſeverely, according to the importance of the fault.

In marching, no man ſhall ſtay behinde without leave: No man ſhall ſtraggle from his Troop or Company: No man ſhall march out of his ranke, and put others out of order, under all higheſt paine.

XI.

Of muſters.If any Colonell of Horſe or Foot ſhall keep backe his Souldiers from the appointed muſters, or ſhall lend his Souldiers to make a falſe muſter, upon triall in the Court Marſhall, he ſhall be puniſhed as a deceiver. And if any Muſter-maſter ſhall uſe any falſe Rols, ſhall have any hand in falſe Muſters, or by connivence, or any other way be tryed to be acceſſary to them, he ſhall ſuffer the like puniſhment.

XII.

Victuallers.No man ſhall preſume to doe the ſmalleſt injury to any that bring neceſſaries to the Leager, whether by ſtealing from them, or deceiving them, or by violence in taking their Horſe or goods, under the paine to be accounted and puniſhed as enemies. No Victuallers ſhall ſell rotten victuals, upon paine of impriſonment and confiſcation, and further as they ſhall be judged to deſerve.

No Souldier ſhall provide and ſell Victuals, unleſſe he be authorized, nor ſhall any that ſelleth Victuals, keep in his Tent or Hutte any Souldier at unſeaſonable houres, and forbidden times, under paine at diſcretion; Like as all the prices thereof ſhall be ſet downe by the generall Commiſſer, and be given to the Quarter-Maſter of the ſeverall Regiments.

XIII.

Duties in the Camp.No man enrolled profeſſing himſelfe or pretending to be a Souldier, ſhall abide in the Army, unleſſe hee enter in ſome Company, nor ſhall he that hath entred depart without licence, upon paine of death. No man having licence ſhall ſtay beyond the time appoynted him, upon paine of the loſſe of his pay during the time of his abſence, and further puniſhment at diſcretion. If any man in a mutinous way, ſhew himſelfe diſcontent with the quarter aſſigned him, hee ſhall be puniſhed as a mutiner. And if any man ſhall ſtay out of his quarter, or go without ſhot of Cannon being intrenched, but one night, without leave of his ſuperiour Officer, he ſhall be caſſeered.

All that ſhall be abſent from the watch after the ſigne is given for the ſetting therof, ſhall be ſeverely puniſhed. Hee that revealeth, or falſifieth the watch-word given by the Officer, within the Trenches, or before the Colours: He that is taken ſleeping, or drunk upon his watch: Hee that commeth off the watch before the time, every one of thoſe ſhall bee puniſhed with death.

Whoſoever ſhall aſſemble themſelves together for taking mutinous counſell, upon whatſoever pretext; they all, whether Officers or Souldiers, ſhall ſuffer death.

XIV.

Every man when the Alarme is given,Duties in Battell. ſhall repaire ſpeedily to his Colours; no man ſhall forſake or flee from his Colours.

No man in the Countrey ſhall reſet them that ſlee.

No man in the battell ſhall throw away his Musket, Pike, or Bandilier, all under the paine of death.

Whatſoever Regiment of Horſe or Foot, having charged the enemy, ſhall draw back or flee before they come to ſtroke of ſword, ſhall anſwer for it before a Councell of war; and whoſoever Officer or Souldier ſhall be found to bee in the default, they ſhall be puniſhed by death or ſome ſhamefull puniſhment, as the Councell of war ſhall find their cowardiſe to deſerve.

XV.

If it ſhall come to paſſe,Duties after Battell. that the enemy ſhall force us to battell, and the Lord ſhall give us victorie, none ſhall kill a yeelding enemy, nor ſave him that ſtill purſueth, upon paine of death. Neither ſhall there be any ranſoming of perſons, ſpoyling, pillaging, parting of the prey, or waſting and burning by fire, or disbanding from their charges, or Officers, but as the Lord Generall ſhall give order upon the ſame pain of death.

XVI.

Rewards for the well-deſerving.Every mans carriage ſhall be diligently obſerved, and he according to his merit rewarded or puniſhed: And whatſoever Officer or Souldier ſhall take Commanders, or the Colours of the enemy, or in the ſiege of Townes ſhall firſt enter a breach, or ſcale the wals, and ſhall carry himſelfe dutifully in his ſtation, and doth his part valiantly, in skirmiſh or battell, ſhall after the laudable example of the wiſeſt, and worthieſt Kingdomes and Eſtates, have his honour and reward according to his worth and deſerving, whether hereafter we have peace or war.

Matters that are cleare by the light and law of nature are preſuppoſed: Things unneceſſary, are paſt over in ſilence: and other things may be judged by the common cuſtomes and conſtitutions of war, or may upon new emergents, be expreſſed afterward.