❧ LAWES and Ordinances, set downe by ROBERT Earle of LEYCESTER, the Queenes Maiesties Lieutenant and Captaine GENERAL of her armie and forces in the Lowe Countries:
Meete and fit to be obserued by all such as shall serue her MAIESTIE vnder him in the said Countries, and therefore to be published and notified to the whole Armie.
Jmprinted at London by Christopher Barker, Printer to the Queenes most excellent Maiestie.
Lawes and Ordinances set downe by Robert Earle of Leycester, the Queenes Maiesties Lieutenant and Captaine Generall of her Armie and Forces in the lowe Countries: meete and fitte to be obserued by all such as shall serue her Maiestie vnder him in the said Countries, and therefore to be published and notified to the whole Armie.
FOrasmuch as there is not any gouerned Estate, which in peace or warre can be accounted sure, or preserued from dishonour and ruine, vnlesse it be supported and borne vp by Iustice duely administred, and discipline orderly obserued: And for that no man can be so ignorant as not to knowe, that honor, fame and prosperitie, doe duely followe that common Wealth or Nation, wherein good lawes are established, the Magistrate ministring Iustice is duely regarded, and the people fearing to offende, are drawen vnder the rules of Iustice and obedience: And seeing that martiall discipline aboue all thinges (proper to men of warre) is by vs at this time most to be followed, aswell for the aduancement of Gods glorie, as honourablie to gouerne this Armie in good order: And least that the euill inclined (pleading simplicitie) shoulde couer any wicked facte by ignorance: Therefore these martiall Ordinances and Lawes following are established and published, whereby all good mindes endeuouring to attaine honour, may stand armed, and receiue encouragement to perseuere in well doing, and such as are inclined to lewdenesse, be warned from committing offences punishable. Which being [Page 2]embraced with carefull respect, and followed with obedience, doe promise good order and agreement amongst our selues, with victorie and good euents against our enemies.
1 First, euery chiefe Magistrate, Captaine, inferiour Officer, Souldiour, Pioner, or what person els receiuing her Maiesties paye in Fielde or Garison, shall solemnely sweare, and by corporall othe be bounde to perfourme the vnder written Articles, so farre as to eache in their seuerall qualities shall appertaine: the violating or breaking whereof, is to be punished by the Generalles direction, according to the qualitie of the offence.
2 Forsomuch as the holy Name of our most mightie and inuincible GOD, with all reuerence ought to be regarded, and that destruction is pronounced to such as blaspheme or abuse the same: it is therefore ordeined and commanded, that no person whatsoeuer, either in common conference or communication, or for any cause whatsoeuer, shall blaspheme being thus admonished, or take his Name in vaine, vpon paine of losse of v.s. to the releefe of the poore for the first offence: for the seconde, fiue dayes imprisonment: for the third, losse of his place and wages.
3 And because the continuall and vnspeakeable fauours of our Almightie God, by our vnthankfulnesse may be taken from vs, and that no good euent of any action can be expected, wherein God is not first and principally honored and serued: It is therefore especially ordeyned and commanded, that all persons whatsoeuer, shall vpon generall warning giuen either by sound of Trumpet or Drum, repaire to the place appointed, where the Diuine seruice is to be vsed, there to heare the same read and preached, vnlesse for the present by sicknesse or other seruice he be impeached, vpon paine to lose his dayes wages for the first, two dayes wages for the second, and so to be encreased by the discretion of the Iudge, and for euery such default in the [Page 3]Souldier, aswell the Captaine as his inferiour officers, to be punished with like penaltie.
4 And seeing it well beseemeth all Christians, especially such as professe the militarie seruice, to passe away the time in matters requisite for their profession: And because no time can be more vainely spent, then that which is confumed in vnlawfull games, besides the breeding of much contention and quarrelles: And for that there be many allowable and commendable exercises for all sortes of men to vse: Therefore it is streightly commanded, that no priuate Souldiour or inferiour Officer shal frequent the playing at Dice and Cardes, nor any other vnlawfull games, vpon paine of two dayes imprisonment for the first time, and for after committing the like, to bee further punished by the Iudges discretion.
5 And for that it often happeneth, that by permitting of many vagrant and idle women in an armie, sundry disorders and horrible abuses are committed: Therefore it is ordeined that no man shalt carrie into the fielde, or deteine with him in the place of his garrison, any woman whatsoeuer, other then such as be knowen to be his lawful wife, or such other women to tende the sicke and to serue for launders, as shall be thought meete by the Marshall, vpon paine of whipping and banishment.
6 And insomuch as elementie amongst men of warre in some respectes is a singuler vertue: It is ordeined that no man in any part of this seruice that he shall doe, shal lay violent handes vpon any woman with childe, or lying in childebed, olde persons, widowes, yong virgins, or babes, without especiall order from the Magistrate, vpon paine of death.
7 What person soeuer that shall be commonly giuen to drunkennesse, or riotously behaue himselfe, shall be banished the Armie.
8 Whosoeuer shall conceale, or in any sort keepe secrete [Page 4]Treason, any dangerous Conspiracie, or other practise which may be hurtfull, and may concerne the perill of her Maiesties person, or of her General, or the estate of this Armie, and shall not with all diligence reueale the same either vnto the Generall, or some other Officer of especiall trust, shall incurre the paines of death with torments.
9 No man shall haue speeche or conference, send message, deliuer or receiue letters to or from the enemie, or any his confederates, either secretly or openly, without manifesting the same presently vnto the Generall or Marshall, or hauing former authoritie so to doe, vpon paine of death.
10 No man being in this seruice shal depart y e Campe or place of Garrison for any cause whatsoeuer, without the Generals especiall Pasport, or other head Officer authorised, vpon paine of death.
11 No man shall breake out or leaue the order of his ranke, being once ordered in the fielde by the Marshall or Sergeant Maior, without some great occasion first made knowen vnto the saide Officer, vpon paine of losse either of life or limme, at the discretion of the Generall or of the Marshall.
12 No man appointed to watch or warde, shall shun or depart the place, neither shall sleepe, or neglect his duetie therein, especially after the watch is set and the woorde giuen, vnlesse he be orderly relieued, or for some great occasion enforced, with licence of his Captaine or Officer, vpon paine of death.
13 No man shall bewray the watchworde to the enemie or to any other, or giue any other woorde then is deliuered by the Officer, vpon paine of death with torment.
14 No man shal raise any mutinie, or procure vnlawfull assemblies vpon priuate, secrete, or hidden purpose, whereby to disturbe the peace and quiet of the Armie, vpon paine of death.
15 No man shall lift vp his weapon against the Magistrate, his Captaine or Officer, vpon paine of death.
16 No man shall quarell, brawle, or make any affray within the Campe or Towne of garrison, vpon olde malice, or newe occasion whatsoeuer, but shall complaine to the Officer, who is to decide the cause & punish the partie offending, vpon paine of losse of life or limme, at the discretion of the Generall or Marshall.
17 And whereas sundrie nations are to serue with vs in these warres, so as through diuersitie of languages occasion of many controuersies may arise or happen to growe: It is therefore ordeined, that if any person of English nation shall finde him selfe agrieued with any wrong profered him by any forreiner, that then without profering further reuenge hee shall signifie the same vnto his Captaine or other officer, whereby order may be taken so, as no further quarrell growe thereof, but that quietnesse in all respectes may be preserued, vpon paine of such punishment as the head officers shall thinke meete, either by losse of life or limme.
18 No man appointed to the defence of any Breach, Trench, or Streight, either Captaine or Souldiour, shall willingly leaue it, or vpon any false or imagined cause or excuse shall absent himselfe from the place, without sufficient warrant, vpon paine of death.
19 No Captaine, officer, or other person, shall receiue or entertaine any other mans Souldiour or seruant, without consent of his former Captaine or Master, neither shall entice an other mans Souldiour from him, vpon paine of losse of a Monethes wages, and to restore the partie to his former Captaine or Master.
20 No man shall enrolle his name vnder two Captaines, nor muster in seuerall companies at one time, or otherwise passe in another mans name, or lende Armour, weapon, or other furniture vpon the muster day, whereby [Page 6]to abuse her Maiestie, and weaken the present seruice, vpon paine of a moneths imprisonment, and banishment.
21 No man shall embezill or diminish any of his Armour, weapon and furniture, which is appointed him by his Captaine, vnlesse he can prooue that he lost the same in seruice. And that no man shall take in pawne any Souldiours weapon or furniture, vpon paine to the Souldiour of losse of his place, and to the other that shall take it in pawne, the losse of the double value.
22 No man shall play away, engage, or lende away his furniture, but shall alwayes keepe his Armour and weapon cleane and seruiceable, vpon paine of being discharged.
23 No man shall deceitfully take away his companions prouision, victuals, or furniture, vpon paine of imprisonment.
24 No person traueyling, lodging, or abiding in any the Townes or Countreis of her Maiesties friendes or Allies, shall in any wise exact or take by force from the people either victuall or other their goods whatsoeuer, without present payment, or other sufficient order to the iust satisfaction of the partie, vpon paine of death.
25 No man shall forestall any victuals brought for the Campe or place of garrison, but suffer the same peaceably to come into the Market place, there to bee rated and priced by the Marshall or his officer, before he buy the same, vpon paine of death.
26 No man shall robbe or spoyle any Shop or Tent, or any victualler or Marchant comming for reliefe of the Campe or garison, but in all good sort shall entertaine and defend them, vpon paine of death.
27 No Souldiour commaunded at any time to take victuals for certaine dayes, shall exceede the same dayes, or spend the same otherwise then according to the proportion and time allowed him, vpon paine of imprisonment, or other [Page 7]such punishment as the lawfull officers shall appoint.
28 No man shall distresse or spoyle any person standing on her Maiesties partie, or being vnder the Generals protection, vpon paine of death.
29 No man shall disobey or transgresse any Proclamation made by Drumme or Trumpet, set foorth by the Generall, vpon such paine as he shall set foorth.
30 No man shall resist the Prouost or his other officer in apprehending of any malefactour, but if neede require, shall ayde and assist him therein, or otherwise if by such occasion any escape be made, it is ordeined that euery person by whose defaulte the escape was committed, shall suffer like punishment that the parties so escaped shoulde haue endured.
31 No man shall molest or trouble any person beeing vnder his owne regiment, or the leading of any other, once placed by the Marshall forrier, or Harbinger in the Campe or Towne, but quietly to permit and suffer euery one to enioye his seuerall roome or lodging, vnlesse it be by mutuall consent and agreement, neither shall any man lodge out of his Captaines quarter without licence, vpon paine of imprisonment.
32 No man contrarie to order shal set on fire or burne any house, milne, or corne, nor at dislodging or remoouing shall set the Campe on fire, without speciall commaundement from the Generall or other head Officer present, vpon paine of death.
33 No man without great occasion shall make any Alarme, but if any chaunce to arise, then shall euery man presently repaire in all haste vnto his appointed place, vnlesse some true excusable cause doe hinder him, vpon paine of death.
34 No man shall harbour or receiue into his lodging any person being a stranger, or of our owne nation not being enrolled in her Maiesties paye, but shall presently acquaint [Page 8]the Generall or Marshall with his name, countrey, the time of his comming, and busines, vpon paine of imprisonment, and losse of his place and wages.
35 No man shall talke or haue conuersation with any Trumpetter or Drummer of the enemies, or other sent in message, but such as bee appointed by the Generall, vpon paine of death.
36 No man shall attende vpon the cariages, but such as are appointed to that charge, neither linger, or loyter behinde with them to ride or ease themselues, vnlesse it be such as by sicknesse, hurtes, or other infirmities knowen to the officers, to be permitted so, vpon paine of imprisonment, and losse of wages.
37 No man shall attempt to goe a forraging, without the officer appointed for that purpose deliuer them a sufficient guarde for their defence, vpon paine of death.
38 No Captaine shall sende foorth any men to doe any enterprise, without knowledge of the Generall, or chiefe officer appointed thereunto, vpon paine of losse of his place.
39 All priuate Captaines, being no head Officers, shall watch and warde with their Ensignes, vnlesse it be by speciall leaue, vpon paine of the losse of a moneths paye, and for the second time, losse of his place.
40 Euery Souldier shall present such prisoners as are taken, to their Captaine immediatly at their returne to the Campe, and none shall either kill them, or license them to depart, without commaundement or leaue from the Generall, or other head Officer thereunto appointed, vpon paine of being disarmed, and banished the Campe.
41 Euery Souldier at all times in seruice shalbe obedient and faithfull, aswell to their Captaines as other inferiour Officers, and not to refuse direction of any vnder whom they are appointed to serue, vpon paine of imprisonment, and losse of a moneths wages.
42 Euery man shall support and defende his owne Ensigne both night and day, and shall resort vnto the same vpon the first warning, and not depart vntill it be brought into safetie, vpon paine of death.
43 Euery souldier shal diligently obserue and learne the sound of Drums, Fifes, and Trumpets, to the end he may knowe howe to answere the same in his seruice.
44 No man shall slaughter or kill any beast of what nature soeuer within the Campe or Garrison, but in such places as are appoynted for that purpose, nor shall suffer the garbage to remaine vnburied, neither shall any man trouble or defile the waters adioyning, but in the lower part of the streame some good distance from the Campe, vpon payne of imprisonment.
45 No man shall ease himselfe or defile the Campe or Towne of Garrison, saue in such places as is appointed for that purpose, vpon paine of imprisonment, and such further punishment, as shall be thought meete by the chiefe Officers.
46 No Captaine shall sell or raunsome his prisoner without license of the Generall, and shall not suffer them to depart without making the high Marshall priuie to the same, vpon paine of losse of his prisoner, and imprisonment.
47 If any man doe take a prisoner or bootie, he shall immediately after hee is returned vnto the Campe or Towne of Garrison, make his Captaine or Gouernour acquainted therewith, and the Captaine shall declare the same vnto the Marshall, who euery eight dayes shall make certificate thereof vnto the Generall, vpon paine of imprisonment, and further punishment as the Generall shall set downe.
48 In Marching by the fieldes, no man at the putting vp of any Hare, or any other beast shal make any shout or crie, whereby to disquiet or stay the rest of the bands, but [Page 10]to vse all quietnesse and silence in their march, vpon paine of imprisonment.
49 No man shall giue vp or deliuer vnto the enemies any place left to his charge or keeping, vpon paine of death.
50 If any man flie to the enemies, or be taken vpon his departure towards them, he shall suffer death.
51 Any Captaine finding any Souldier of what band or company so euer, which hath transgressed any of these Lawes and Ordinances, may take him and bring him vnto the Marshall to be punished.
52 That whosoeuer shall be enrolled into paye after the othe be ministred to others and he not present, and if afterwards he shall transgresse any of these Ordinances, he shall be as well punishable by vertue of these Articles, as if he had bene present at the first.
53 That no Captaine shall receiue or enroll any person into his paye vnder him, but that he cause the sayde Souldier to receiue the othe, as is set downe in the first Article; vpon paine to the Captaine for not obseruing the same, of losse of a moneths paye.
54 That no person whatsoeuer shal passe by any other way either in Towne or Campe, but at the ordinarie gates and passages, vpon paine of death.
55 All other offences and Actes that may tende to disorder, not comprised within these Articles, shalbe subiect to such maner of punishment, as the Lieutenant Generall shall inflict vpon them, as if it had bene specially expressed and set downe.