¶ Lawes and Ordinances OF WARRE.
Of Duties to GOD.
I.
Blasphemy.
FIrst, Let no man presume to Blaspheme the holy and blessed Trinity; God the Father, God the Sonne, and God the Holy Ghost; nor the knowne Articles of our Christian Faith; Vpon paine to have his Tongue boared with a red hot iron.
II.
Cursing.
Vnlawfull Oathes and Execrations, and scandalous acts in derrogation of Gods honour, shall be punnished with losse of pay, and other punnishment at discretion.
III.
Neglecting Divine Worship.
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 sensure.
Of Duties in generall.
I.
Intelligence with the Enemy.
ALL such as shall practise and entertaine intelligence with the Enemy, by any manner of meanes or flights, or have any communication with [Page] them, without direction from the Commander in in Chief, shall be punished as Traitors and Rebells.
II.
Relief of the Enemy.
No man shall relieve the Enemy with Money, Victualls, Ammunition, neither harbour or receive any such, upon paine of death.
III.
Yielding up of Forts.
Whosoever yeeldeth up any Towne, Fort, Magazine, Victualls, Armes, Ammunition, or that motioneth any such thing, but upon extremity, and that to the Governor, or in councell, shall be executed as a Traitor.
IIII.
Carelesse service.
Whosoever shall be convicted to doe his Duty negligently and carelesly, shall be punished at discretion.
V.
Violating of a safeguard.
Whosoever shall presume to violate a Saveguard, shall die without mercy.
Of Duties toward Superiours and Commanders.
I.
Violating of the cōmander in Chief.
VVHosoever shall use any words tending to the death of the Commander in Chief, shall be punished with death.
II.
Quarrelling with Officers
No man shall presume to quarrell with his superiour Officer upon paine of casheering, and arbitrarie punishment, nor to strike any such upon paine of death.
III.
Departing from Captains & Masters.
No Souldier shall depart from his Captaine, nor servant from his Master without licence, though he serve still in the Army upon paine of death.
IIII.
Silence in the Army.
Every private man and Souldier upon paine of imprisonment shall keepe silence, when the Army is to take lodging, or when it is marching, or imbattallio, so as the Officers may be heard and their commandements executed.
V.
Resisting against Correction.
No man shall resist, draw, lift, or offer to draw or lift his weapon against any Officer correcting him orderly for his offence upon paine of death.
VI.
Vnlawfull Assemblies.
No person shall make any mutenous assemblies, or be present or assisting thereunto, or in, or by them demand their pay, upon paine of death.
VII.
Resisting of the Provost Martiall.
No man shall resist the Provost marshall or any other Officer in the execution of his Office, or breake prison upon paine of death.
VIII.
Seditious words.
None shall utter any words of sedition and uproare, or mutenie, upon paine of death.
IX.
Concealing of mutenous speeches.
A heavie punishment shall be inflicted upon them who after they have heard mutenous speeches, acquaint not their Commanders with them.
X
Receiving of Injuries.
Whosoever shall receive an injurie, and shall take his owne 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 doe not forgive the injury, to seeke reparation by complaint to his Captaine, or Colonell, or other [Page] superiour Officer, and it shall be given him in ample manner.
Of Duties Morall.
I.
Drunkennesse.
DRunkennes in an Officer shall be punished with losse of place, in a Common souldier with such penalties as a Court-marshall shall thinke fit.
II.
Vnnaturall abuses.
Rapes, 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.
Theft & robbery exceeding the value of twelve-pence, shall be punished with death.
V.
Provocation.
No man shall use reproachfull nor provokeing words or acts to any, upon paine of imprisonment, and further punishment as shall be thought fit to be inflicted upon enemies to discipline and service.
VI.
Seizing upon dead mens goods.
No man shall take or spoile the goods of him that dieth or is killed in service, upon paine of restoring double the value, and arbitrary punishment.
VII.
Murther.
Murther shall be expiated with the death of the Murtherer.
Of a Souldiers duty touching his Armes.
1.
Full Armour.
ALL Souldiers comming to their Collours to watch or be exercised, shall come fully Armed upon paine of severe correction.
2.
Slovenly Armour.
None shall presume to appeare with their Armes unfixt or undecently kept, upon paine of Arbitrary Correction.
3.
Losing of horses and Armes.
If a Trooper shall lose his Horse or Hackney, or a footeman any part of his Armes by negligence or lewdnesse, by dice or cards, he or they shall remaine in quality of pioners & scavengers till they be furnished with as good as were lost, at their own charge.
4.
Pawning or selling of Armour.
No Souldier shall give to pawne or sell his armour upon paine of imprisonment, and punishment at discretion, and wheresoever any armour shall be found so sold or pawned, they shall be brought againe into the Army.
5.
Wilfull spoyling of horses.
If a Trooper shall spoile his horse willingly of Purpose to be Rid of the service, he shall lose his horse and remaine in the Camp for a Pioner.
6.
Borrowed Armes.
If one borrowes armes of another to passe the Muster withall, the borrower shall be rigorously punished, and the lender shall forfeit his goods.
7.
imbezelling of Ammunition.
None shall presume to spoile, sell, or carry away any ammunition delivered unto him, upon paine of death.
Of Duty in Marching.
1.
Waste and extortion.
NOne on their march thorow the countries shall waste, spoile, or extort any victualls, mony, or pawn, from any good Subject or protected person upon any Pretence of want whatsoever, upon paine of death.
2.
Taking of horses out of the Plough.
No Souldier shall presume upon no occasion whatsoever to take a horse out of the Plough, or to wrong the Protected husbandmen in their persons, or cattell, or goods, upon paine of death.
3.
Stragling from the Colours.
No Souldier either horse or foote shall presume in marching to straggle from his Troope or Company, or to march out of his rank, upon pain of death.
4.
Spoiling of trees.
No Souldier shall presume in marching or lodging, to c cut downe any fruit-trees, or to deface or spoil walkes of trees belonging to any good Subject or Protected Person, upon pain of severe punishment.
Of Duties in the Camp, and Garrison.
1.
Going from the Camp.
NO man shall depart a mile out of the Army or Camp without licence, upon paine of death.
2.
Going in or out by-wayes.
No man shall enter or goe out of the Army or garrison but by ordinary waies, upon Pain of death.
3.
Drawing of swords after setting the watch.
No man shall presume to draw his sword without order, after the watch is set, upon paine of death.
4.
Giving a false Alarm.
No man shall give a false Alarme, or discharge a Piece in the nigh, or make any noise without lawfull cause, upon paine of death.
5.
Drawing swords in a quarrell.
No man shall draw any sword in a private quarrel within the Camp or Garrison upon paine of death.
6.
Reve
[...]ling the Watchword.
H [...] that m [...]kes known the watch word without O [...]der, or gives any other word but what is given by the Officer, shall dye for it.
7.
Offering violence to Victual
[...]ers.
No man shall doe violence to any that bring victuals to the Camp upon paine of death.
8.
Speaking with the Enemies Messengers.
None shall speake with a Drum or Trumpet, or any other sent by the Enemy, without Order, upon paine of punishment at discretion.
9.
A sentinell a sleep or drunk.
A sentinell or perdu found asleep, or drunke, or forsaking their place before they be drawn off, shall dye for the offence without mercy.
10.
Failing at the Rendevouz.
No man shall faile wilfully to come to the Rendevouz or Garrison appointed him by the Commander in Chief, upon paine of death.
11.
Remaining untolled in the Army.
No man that carrieth Armes and pretends to be a Souldier, shall remaine three dayes in the Army without being inrolled in some Company, upon paine of death.
12.
Departing without leave.
No man that is inrolled, shall depart from the Army or Garrison, or from his Colours, without licence, upon pain of death.
13.
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 Master, upon paine of losing his Pay during all the time of his absence.
14.
Absenting from the watch
He that absents himselfe 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.
15.
Discontented with their Quarters.
Whosoever shall expresse his discontent with his Quarter given him in Camp or Garrison shall be punished as a Mutineer.
16.
Lying or supping out of the Quarters.
No Officer of what quality soever shall go out of the Quarter to dinner or supper, or lye out all night, without making his superiour Officer acquainted, upon Paine of casheering.
17.
Keeping of the quarters clean.
Letting of Horses feed in sown grownds.
All Officers whose charge it is, shall see the Quarters kept cleane and sweet, upon paine of severe Punishment.
None shall presume to let their horses feed in sowne grounds whatsoever, or to endamage the husbandmen any way, upon severest punishment.
Of duties in Action.
1.
Repairing to the Colours upon an alarm.
NO man shall faile immediately to repaire unto his Colours (except upon evident necessity) when an Alarum is given, upon Pain of death.
2.
Flying.
No man shall abandon his Colours, or fly away in any Battell, upon Paine of death.
3.
Flinging away Armes.
If a Pikeman throw away his Pike, or a Musketier his Musket or Bandilier, he or they shall be punished with death.
4.
Burning and wasting.
No man shall Burne any House or Barne be it of friend or foe, or wilfully spoile any Corne, H [...]y 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 paine of death.
5.
Flinging away Powder.
Whosoever in skirmith shall fling away his Powder out of his Bandiliers, that he may the sooner come off, shall be punisht with death.
6.
imbezelling of the prey.
No Souldier shall imbezzell any part of the Prey till it be disposed of by the Commande in Chief, or others authorized, upon Paine of death.
7.
Concealing of Prisoners.
No Officer or Souldier shall ransome, or conceale a Prisoner, but within twelve houres shall make the same knowne to the Commander in Chief.
8.
Pillaging with out licence.
No man upon any good successe shall fall a Pillaging before licence, or a signe given, upon Paine of death.
9.
Retreating before handy-blowes.
A Regiment, or Company of Horse or Foot, that cha [...]g [...]th 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 shal be Punished at discretion, and the rest serve for Pioners and Scavengers, till a worthy exployt take off that Blot.
Of the dutyes of Commanders and Officers in particular.
1.
Commanders must see God duly served.
AL Commanders are straightly charged to see Almighty God reverently served, and Sermons and Prayers duly frequented.
2.
Acquainting the cōmander in Chiefe with dangerous hamours.
All Commanders and Officers that finde any of discontented humours, apt to mutinize; or any swerving from direction given, or from the Policie of the Army set downe, shall straight way acquai [...]t the Commander in Chief therewith, or other authorized, as they will answer their neglect.
3.
Defrauding of souldiers pay.
Any Officers that shall presume to defraud the Souldiers of their Pay, or any part of it, shall be cash [...]ered.
4.
Stopping of Duellers.
No Corporall, or other Officer commanding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or Private fight, upon Paine of death.
5.
Drunken and quarrel ome Officers.
What Officer soever shall come drunke to his Guard, or shall quarrell in the Quarter, or commit any disorder, shall be cash [...]ered 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.
6.
Carelesse Captains
A Captaine that is carelesse in the training and governing of his Company shall be displaced of his charge.
7.
Officers out-staying their Passe.
All Captaines of Officers, that shall out-stay their passe, shall be punished at the discretion of the Cōmander in Chief.
8.
All Officers to part quarrels.
All Officers, of what condition soever, shall have power to part quarrels and frayes, or sudden disorders betwixt the Souldiers, though it bee 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.
9.
Officers non-resident in Garrison.
A Captaine or Officer non-resident in the place assigned him for Garrison, without licence, shall have one months pay defaulked for the first offence, and two moneths for the second: upon the third offence he shall be discharged of his Command.
10.
Casheering of souldiers.
After the Army is come to the Generall Rendezvouz, no Captaine shall Casheere any Souldier that is inrolled, without speciall warrant of the Commander in Chief.
11.
Mustering of false and counterfeit Troops.
No Captaine of a Troop shall present in the Muster any but reall Troopers, such as are bound by their pay to follow the Troops upon paine of Casheering, without mercie: And if any Victualler, Fee-booter, Enter-loper, or Souldier whatsoever, of any other Troop or Company, shall present himselfe or his horse in the Muster, to mis-lead the Muster-Master, and to betray the Service, the same shall be punished with death.
12.
Commissaries must be true.
No Provider, Keeper or Officer of Victuall or Ammunition shall imbezell or spoyle any part therof, or give any false account to the Commander in Chief, upon paine of death.
Of the duty of the Muster-Masters.
1.
Muster-masters conniving at counterfeits.
No Muster-Master shall wittingly let any passe in the Muster; but such as are really of the Troope or Company prese [...]ted, upon paine of death.
2.
Captains must send a Rowle of their men to the comander in chiefe.
All Captaines shall cause their Troopes or Companies to be full & compleat, and two dayes after the Generall Mustering they shall send to the Commander in Chief, a perfect list or Rowle of all their Officers of their Troops and Companyes, and likewise of all the troopers & souldiers that are in actual service, putting down distinctly on the head of each man his monethly pay.
3.
Every pay day.
The like Rowle or List shall the Captaines send to the Commander in Chief and to the Treasurer of the Army upon every pay-day during the service, with a punctual expression at the botome of the said Rowle, what new Troopers or Souldiers have been entertained since the last pay-day, in lieu of such as are either deceased or casheered, and likewise the day whereon they were so casheered & entertained.
4.
Subscribed by al the Officers of the Troop or Campany.
Which said List of Rowle shall be subscribed not onely by the Captaine and his Lieutenant and Corronet or Ensigne, but also by the Serjeants and Corporals respectively, who shall declare upon their oathes 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 premisses shall be casheered.
5.
Muster Master must use no other Rowles.
No Muster Master shall presume to receive or accept of any Rowle to make the Musters by, but the forementioned Rowls, upon paine of the losse of his place and other punishment at discretion.
6.
Counterfeit names in the Rowles.
No man shall presume to present himselfe to the Muster, or to be inrolled in the Muster rols by a counterfeit name, or surname, or place of birth, upon paine of death.
Of Victuallers.
1.
Victulers issuing naughty Victuals.
No Victuallers shall presume to issue or sell unto any of the Army, unsound, unsavoury, or unwholsome victuals, upon paine of imprisonment, and further arbitrary punishment.
2.
No souldier must be a Victuler.
No Souldier shall be a Victualler without the consent of the Commander in Cheife, or others authorized, upon paine of punishment at discretion.
3.
Unseasonable houres kept by Victuallers.
No Victualler shall entertaine any Souldiers in his house, tent, or hut, after the warning-piece or other signes at night, or before the beating of the Ravalce in the morning.
4.
No Victualler shall forestall any victualls, nor sell them before they be appraised by the Marshall Generall, upon severe punishment.
Of Administration of Iustice.
1.
Summary proceedings.
All controversies between Souldiers and their Captaines, and all others, shall be summarily heard and determined by the Counsell of Warre, except the waightinesse of the cause require further deliberation.
2.
The Provost Marshall must looke to his Prisoners.
No Provost Marshall shall refuse to keep a prisoner committed to his charge; nor dismisse him being once received, upon paine of being liable to the same punishment which should have been inflicted upon the party dismissed.
3.
Goods of the defunct.
The goods of such as die in the Army or Garison, or be slaine 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 goe to their wives or next kinne. If no wife or kindred appeare within a yeere after sh [...]ll be disposed of by the appointment of the Commander in Cheife according to the Lawes civill and military.
4.
Civill Magistrates imprisoning soldiers
No Magistrate of Towne or Country shall without licence imprison any Souldier unlesse for capital offences.
5.
For debts and other small offences.
In matter of debts or trespasse or other inferior cases, The Magistrate shall acquaint his Captaine or other Chiefe 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; The Commander in Chi [...]fe upon complaint of the party grieved, will not onely see him righted but the Officer punished for his neglect in this behalfe.
6.
Braving the Court of Justice.
No man shall presume to use any braveing or menacing words, signes, or gestures, while the Court of justice is sitting, upon paine of death.
7.
Receiving of Run-awaies.
No Inhabitant of City, Towne, or Countrey shall presume to receive any Souldier into his service or conceale, or use meanes to convey such Runawaies, but shall apprehend all such and deliver them over to the Provost-Marshall.
8.
Detecting of offenders.
All Captaines, Officers, and Souldiers shall doe their endevours 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.
9.
Offences whatsoever to be punished by the Laws of Warre.
All other faults, disorders and offences not mentioned in these Articles shall be punished according to the generall customes and lawes of Warre.
[Page]And to the end that these Lawes and Ordinances be made more publike and knowne, as well to the Officers as to the common Souldiers, every Colonell and Captaine is to provide some of these bookes and within a short time after that the Army shall come to the generall Rendezvouz, these Lawes 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, or by some other Officer assisted by the Marshall Generall, in the Horse-quarters by sound of Trumpet, and amongst the Foot by beat of Drumme; And weekely afterwards upon the pay-day, every Captaine is to cause the same to be read to his owne Company in presence of his Officers. And also upon every maine Guard, the Captaine is to do the like, that none may be ignorant of the Lawes and duties required.
BY vertue of the authority given me by the Parliament, I command these Ordinances to be observ'd and obey'd in the Army: And by these presents give order that the same shall be forthwith printed and published.