‘DIEV ET MON DROIT’ ‘HONI SOIT QVI MAL Y PENSE’

LAWES AND ORDINANCES OF WARRE, Established for the better govern­ment of the ARMIE in the Northern parts.

By His EXCELLENCE, The Earle of Holland, Lord Generall of His MAJESTIES ARMIE.

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LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL. 1641.

‘DITIOR EST QVI SE’ ‘HONI SOIT QVI MAL Y PENSE’
HENRY Earl of Holland, Baron of Kensington, first Gentleman of His Majesties Bed-cham­ber, Chief Iustice and Iustice in Eyre of all His Majesties Forrests, Chases, Parks and VVar­rens on this side Trent, Chancellour of the Vniversity of Cambridge, Constable of the Honour and Castle of VVindsor, Knight of the most Noble Order of the Garter, One of His Majesties most Honourable Pri­vie Councell, and Captain Generall of His Majesties Armie;
To all Officers of the Armie, Co­lonels, Lieutenant-Colonels, Ser­geant-Majors, [Page]Captains, other Of­ficers and Souldiers of Horse and Foot: And all His Majesties Sub­jects, and others, whom these Laws and Ordinances ensuing shall con­cern; VVhich Laws and Ordinan­ces hereby published, all the said per­sons respectively and severally, are required and commanded to swear unto, and to observe and keep on the pains and penalties therein ex­pressed.

❧ Lawes and Ordinances of VVarre.

1 Blasphemy. FIrst, let no man presume to blaspheme the holy and bles­sed Trinitie; God the Father, God the Son, and God the holy Ghost; nor the known Articles of Christian Faith; Upon pain to have his tongue boared with a red-hotiron.

2 Cursing. Unlawfull oathes and execrations, and scan­dalous acts in derogation of Gods honour, shall be punished with losse of pay, and other punishments at discretion.

3 Profaning of Churches. In the same manner shall be punished all those who abuse and profane places and utensils dedicated to Gods publike worship, or wrong his Ministers.

4 Neglecting of divine Ser­vice. All those who often and wilfully absent themselves from Sermons and Morning and Evening prayer, shall be proceeded against at discretion.

5 Traiterous words. No man shall use any traiterous words against his Majesties sacred person, or Royall authority, upon pain of death.

6 Carelesse service. Whosoever shall be convicted to do his Majesties service negligently and carelesly, shall be punished at discretion.

7 Violating of sa [...]eguard. Whosoever shall presume to violate his Ma­jesties saveguard, shall die without mercy.

8 Violating of the Lord Ge­nerall. Whosoever shall use any words tending to the life or dishonour of the Lord Ge­nerall, shall be punished with death.

9 Quarrelling with officers. No man shall presume to quarrell with his superiour Officer, upon pain of casseering, and arbitrary punishment; nor to strike any such, upon pain of death.

10 Departing from Cap­tains and Masters. No Souldier shall depart from his Captain, nor Servant from his master without licence, though he serve still in the Army, upon pain of death.

11 Silence in the Army. Every private Man and Souldier, upon pain of imprisonment, shall keep silence when the Army is to take lodging, or when it is march­ing or imbattayling; so as the Officers may be heard, and their commandments executed.

12 Resisting a­gainst corre­ction. No man shall resist, draw, lift, or offer to draw, or lift his weapon against an Officer correcting him orderly for his offence, upon pain of death.

13 Unlawfull as­semblies. No persons shall make any unlawfull As­sembly, or be present or assisting thereunto; or in, or by them demand [...] [...] pay, upon pain of death.

14 Resisting of the Provost-Marshall. No man shall resis [...] t [...] Provost-Marshall, or any other Officer in the execution of his office, or break prison, upon pain of death.

15 Seditious words. None shall utter any words tending to se­dition and uproar, or mutinie, upon pain of death.

16 Concealing of mutinous speeches. The same punishment shall be inflicted up­on them, who after they have heard mutinous speeches, acquaint not their Commanders with them.

17 Revenging of injuries. Whosoever shall receive an injurie, 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.

18 Drunkennesse 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.

19 Provocation. No man shall use reproachfull or provoking words or acts to any, upon pain of imprison­ment, [Page]and such further punishment as shall be thought fit to be inflicted upon enemies of discipline and service.

20 Seazing on dead mens goods. No man shall take or spoil the goods of him that dieth, or is kild in service, upon pain of restoring double the value, and arbitrarie punishment.

21 Full armour. All souldiers coming to their Colours to watch, or to be exercised, shall come fully armed, upon pain of severe correction.

22 Slovenly ar­mour. None shall presume to appear with their Armes un-fix or undecently kept, upon pain of arbitrary correction.

23 Losing of horses or Arms. If a Trooper shall lose his Horse or Hack­ney; or a Foot-man any part of his Armes 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.

24 Pawning of Arms. No Town or Countrey-man shall presume to buy or take to pawn an Horse, or Armes, [Page]or furniture of Tents and Hutts, of any Soul­dier, upon pain of forfeiting the double value thereof, and to be punish'd at discretion: And the Souldier giving them to pawn, shall suffer a severe punishment.

25 Wilfull spoil­ing of horses. 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 Pioner.

26 Borrowed Arms. If one borrows Arms of another to passe the Muster withall; the borrower shall be rigo­rously punished, and the lender shall forfeit his goods.

27 Imbeazeling of ammuni­tion. None shall presume to spoil, fell or carry away any ammunition delivered unto him, upon pain of death.

28 Waste and ex­tortion. None on their march thorow the Coun­treys, under his Majesties obedience, shall waste, spoil, or extort any victuals, mo­ney, or pawn from any subject, upon no pre­tence of want whatsoever: but shall pay for their meat and drink the usual rates, upon pain of death.

29 Taking of horses out of the Plough. No souldier shall presume, upon no occasi­on whatsoever, to take an horse out of the Plough, onto wrong the husband men in their persons, or cattell, or goods, upon pain of death.

30 Scraggling from the Co­lours. No souldier either horse or foor, shall pre­sume in marching to straggle from his troup or company, or to march out of his rank, up­on pain of death.

31 Spoiling of trees. 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.

32 Swarving from the Camp. No man shall depart a mile out of the Army or Camp without licence, upon pain of death.

33 Drawing of swords after setting of the watch. No man shall presume to draw his sword, without order, after the Watch is set, upon pain of death.

34 Giving a false alarm. No man shall give a false Alarm, or dis­charge a Peece in the night, or make any [Page]noise without a lawfull cause upon pain of death.

35 Drawing of swords in a quarrell. No man shall draw any sword in private quarrell within the Camp, upon pain of death.

36 Revealing the watchword. He that makes known the Watch word with­out order, or gives any other word but what is given by the Officer, shall die for it.

37 Offering vio­lence to victu­allers. No man shall do violence to any that bring victuals to the Camp, upon pain of death.

38 A Sentinell asleep or drunk. A Sentinell or Perdue found asleep, or drunk, or forsaking their place before they be drawn off, shall die for the offence with­out mercy.

39 Failing at the Rendezvous. No man shall fail wilfully to come to the Rendezvous appointed him by the Lord Ge­nerall, upon pain of death.

40 Remaining unrolled in the Army. No man that carries Armes, and pretends to be a souldier, shall remain three dayes in the Army without being inrolled in some Com­pany, upon pain of death.

41 Out staying a Passe. No private souldier shall out stay his 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.

42 Absenting from the Watch. He that absents himself when the signe is given to set the watch, shall be punished at discretion; either with bread and water in pri­son, or with the woodden Horse.

43 Discontented with their quarter. Whosoever shall expresse his discontent with the quarter given him in Camp or Garri­son, shall be punished as a Mutineer.

44 Lying or sup­ping out of the quarter. 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 casseering.

45 Keeping of the quarters clean. All Officers whose charge it is, shall see the quarters kept clean and sweet, upon pain of se­vere punishment.

46 Repairing to the colours upō an alarm No man shall fail immediately to repair unto [Page]his Colours (except upon evident necessity) when an Alarm is given, upon pain of death.

47 Burning and wasting. No man shall burn any House or Barn, or spoil any Corn, Hay, or Straw, in stacks in the fields; or any Ship, Boat, Carriage, or any thing that may serve for provision of the Army, without order, upon pain of death.

48 Commanders must see God duely served. All Commanders are straily charged to see Almighty God reverently served, and Sermons and Prayers duely frequented.

49 Commanders must acquaint my Lord Ge­nerall with dangerous hu­mours. All Commanders and Officers that finde discontented humours, apt to mutinies, or any swarving from directions given, or from the policy of the Army set down, shall straightway acquaint the Lord Generall therwith, or others authorized; as they will answer their neglect.

50 Defrauding of Souldiers pay: Any Officer that shall presume to defraud the souldiers of their pay, or any part of it, shall be casseered, and punished at the Lord Generall his discretion.

51 Stopping of Duellers. No Corporall, or other Officer, command­ing [Page]the watch, shall wittingly suffer a Souldier to go forth to a Duell or private fight, upon pain of death.

52 Drunken and quarrelsome Officers. What Officer soever shall come drunk to his guard, or shall quarrell in the quarter, or commit any disorder, shall be casseered with­out mercy; and the next Officer under him, shall have his place, which he may pretend to as his right, and it shall not be refused to him.

53 Carelesse Captains. A Captain that is carelesse in the training and governing of his Company, shall be dis­placed of his charge.

54 Officer out-staying then Passe. All Captains or Officers that shall out-stay their Passe, shall be punished at the Lord Gene­rall his discretion.

55 All Officers bound to part quarrels. All Officers of what condition soever, shall have power to part quarrels, and fraies, 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 [Page]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.

56 Officers non-residents in Garrison. A Captain or Officer non-resident in the place assigned him for Garrison, without li­cence, shall have one moneths pay defalked for the first offence, and two moneths for the second. Upon the third offence he shall be dis­charged of his command.

57 Casseering of souldiers. No Captain shall casseer any Souldier that is inrolled, without speciall warrant of the Lord Generall.

58 Mustering of false and counterfeit Troopers. No Captain of a Troop shall present in the musters any but reall Troopers, such as are bound by their oath & pay to follow the troop, upon pain of death without mercy. And if any Townes, or Countreyman, Victualler, Free­booter, Enterloper, or Souldier whatsoever, of any other troop or company, shall present him­self or his horse in the muster, to mis-lead the Muster-master, to defraud his Majestie, and to betray the Service, the same shall be punished with death.

59 Inhabitants of Garrisons must not be souldiers there. No captain of a Troop or Company, shall take into his troop or company any inhabitant of that place where the troop or company is in garrison, upon pain of severe punishment.

60 Commissa­ries of victu­als and am­munition, must be true. No provider, keeper, or Officer of his Ma­jesties victuall or ammunition, shall embeazell or spoil any part thereof, or give any false ac­count to the Lord Generall, upon pain of death.

61 Muster-Ma­sters conni­ving at coun­terfeits. No Muster-Master shall vvittingly let any passe in the musters, but such as are really of the troop or company presented, upon pain of death.

62 Captains must send a roll of their men to the Lord Ge­nerall. All Captains shall cause their Troops and 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 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.

63 Every pay-day. 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 a punctual 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 or casseer'd; and likewise the day whereon they were so casseer'd and entertain'd.

64 Subscribed by all the Officers of the Troop or company. Which said list or rol shall be subscribed not onely by the Captain, his Lieutenant, and Cor­net, or Enseign, but also by the Sergeants and Corporals respectively; who shall declare upon their oaths, that the Troopers and Souldiers inrolled in the said List, are reall and actuall Troopers and Souldiers, of the respective Troopes and Companies; And whosoever shal be convicted of falshood in any of the pre­misses, shall be punished with death.

65 Muster-masters must use no other rolls. No Muster-master shall presume to receive or accept of any roll to make the Musters by, but the fore-mentioned rolls, upon pain of the losse of his place, and other punishment at dis­cretion.

66 Counterfeit names in the rolls. 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 paine of death.

67 Victuallers issuing naugh­tie victuals. No Victualler shall presume to issue on sell unto any of the Army, unsound, unsavourie, or unwholsome victuals, upon pain of imprison­ment, and further arbitrary punishment.

68 No Souldier shall be a victualler. No Souldier shall be a Victualler without the consent of the Lord Generall, or others au­thorized, upon pain of punishment at discre­tion.

69 Unseasonable hours kept by victuallers. No Victualler shall entertain any Souldiers in his house tent or hutt, after the warning peiece at might, or before the beating of the Ra­valee in the morning.

70 Summarie proceedings. All controversies between Souldiers and their Captains, and all others, shall be sum­marily heard and determined by the Coun­cell of Warre: except the weightinesse of the cause require further deliberation.

71 The Provost Marshal must look to his prisoners. 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 partie dis­missed.

72 For debts and small offences. In matters of debt, or trespasse, or other in­feriour causes, the Magistrate shall not lay hands upon any Souldier, but 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 partie grieved to take his remedie by due course of Law. And if the Officer fail of his dutie herein, the Lord Generall, upon complaint of the partie grieved, will not onely see him righted, but the Officer punished for his neglect in this behalf.

73 Braving the Court of justice. No man shall presume to use any braving or menacing words, signes or gestures, while the Court of justice is sitting, upon pain of death.

74 Detecting of offenders. All Captains, Officers, and souldiers shall [Page]do their endeavours to detect, apprehend, and bring to punishment all Offendors, & shall as­sist the Officers of the Army for that purpose, as they will answer their slacknesse in the Marshals Court.

Of the Souldiers Oath. All Souldiers that are really and actual­ly in his Majesties service, shall take this ensuing Oath.

I Promise and swear to be true and faithfull to my Soveraign Lord King CHARLES. To obey my Lord Generall, and the Command­ers and Officers under Him. To ob­serve the Laws and Ordinances of VVarre established by Him. To con­tinue in the service, or to Disband according as I shall be commanded, with all quietnesse of behaviour and obedience. As God shall helpe me.

ALL which Lawes and Ordinances are to be read plainly and distinctly by the Captain, or other Chief Officer to his own Companie, at least once a week. And the Oath shall be administred in the respective quarters, by the Sergeant Major Generall, as­sisted by the severall Officers of each Regi­ment. In the Horse-quarters by sound of Trumpet; and amongst the foot by beat of Drum.

FINIS.

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