The pub­lishing of the Arti­cles and Ordinan­ces of war THat no man pretend ignorance; and that every one may know the dutie of his place, that he may do it: The Articles and Ordinances follow­ing, a [...]e to be published at the generall randez­vous in every Regiment apart, by the Marshals of the severall Regiments, and in the presence of all the Officers. The same shall afterward be openly read to every Companie of Horse and Foot, and at such times as shall be thought most convenient by the Lord Generall: and in like manner shall be made known to so many as joyn themselves to be professed Souldiers in the Armie. For this end, every Co­lonell and Captain shall provide one of those Books, that he may have it in readinesse at all occasions, and every Souldier shall solemnly swear this following Oath;

The Oath of Soul­diers. I N. N. promise and swear to be true and faithfull in my service to the Kingdom of Scotland, according to the heads sworn by me in the Covenant. To honour and obey my Lord Generall, and all my supe­riour Officers and Commanders, and by all means to hinder their dis­honour and hurt: To observe carefully all the Articles of war and Camp discipline: never to leave the d [...]nce of this Cause, nor flie from my Colours so long as I can follow them: To be ready to watch­ing warding and working, so far as I have strength: To endure and suffer all distresses, and to fight manfully to the uttermost, as I shall answer to GOD, and as GOD shall help me.

Kirk dis­cipline.I. Kirk discipline shall be exercised, and the poore 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 through­out the whole Army in all matters Ecclesiasticall; there shall be a generall Eldership, or common Ecclesiastick judicatorie, made up of all the Ministers of the Camp, and of one Elder di­rect from every particular Regiment, who shall also judge of [Page 3]appellations, made unto them from the particular Sessions or El­derships.

Councels of war.II. For deciding of all questions, debates and quarrellings, that shall arise betwixt Captains and their Souldiers, or any others of the Armies and for the better observing of Camp Discipline, two courts of Justice, the one higher and the other lower, are appoint­ed, wherein all Judges are sworn 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 [...] regard, or shall fall out in boasting or braving, while Courts a [...]e sitting, he shall be punished by death. And both these Judi­catories as well of the Kirk matters as of war, shall be subject to the Councell of Estate, and generall Assembly respective.

Duties to God.III. Whosoever shall wilfully or carelesly absent himself from morning and evening prayers, or from preaching before and af­ter-noon on the Lords day, or other dayes of the week, when the signe is given by sound of Trumpet, or Drum, he 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 pain of sore-faulting the things so sold, and of the imprisoning of the offenders.

IIII. Common and ordinarie swearing and cursing, open prophaning of the Lords day, wronging of his Ministers, and other acts of that kind, shall not onely be punished with losse to pay, and imprisonment, 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 Armie.

Dutie to King, coun­trey, and Generall.V. If any man shall open his mouth against the Kings Maje­sties person, or Authoritie, or shall presume to touch his sacred Person, he shall be punished as a traitor. He that shall speak evill of the Cause which we defend, or of the Kingdom and Countrey in the desence thereof, or shall use any words t [...]nding to the dis­honour of the Lord Generall, he shall be punished with death.

No man shall at his own h [...]nd, without warrant of my Lord Generall, have or keep intelligence with the enemie, by speech, [...], signes, or any other way, under the pain to be punished as a auaitor. No man shall give over any Strength, Magazin, victuall, [Page 4]&c. Or make any such motion, but upon extremitie, under the same pain. No man shall give supply, or furnish money, victuall, or any commodities to the enemie, upon pain of death.

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

Whosoever shall be found guiltie of carelesnesse and negli­gence in his service, although he be free of treacherie and double dealing, shall bear his own punishment.

Duties of Superiors.VI. All Commanders and Officers shall be carefull, both by their authoritie 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 drunk to his Guard, or by quarrelling, or any other way shall commit any notable disorder in his quarter, losse of place shall be his punishment: And further, according to the sentence of the court of War.

The Captains that shall be negligent in training their Compa­nies, or that shall be found to with-hold 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 conceal dangerous and dis­contented humours, inclined to mutinies, or grudging at the or­ders given them, but shal make them known to the prime Leaders of the Army, upon the pain to be accounted guiltie of mutinie.

No Commander or Officer shall authorize or wittingly permit any Souldier to go forth to a singular combate, under pain of death; But on the contrarie, all Officers shall be carefull by all means to part quarrellings amongst Souldiers, although they be of other Regiments, or Companies, and shall hav [...] [...]ower to com­mand them to prison, which if the Souldiers [...] disobey or resist by using any weapon, they shall die for [...].

No Captain shall presume at his own hand▪ without warrant of the Lord General, to call [...] or give a Passe to any enroled Soul­dier, or Officer who hath appeared at the place of the generall Randezvous; nor shall any Commander, Officer, or Souldier de­part without a Passe, or stay behind the time appointed in his Passe, and whosoever transgresseth the one way or the other, shall be punished at the discretion of the Court of War.

Duties of Souldiers.VII. All Souldiers shall remember that it is their part to ho­nour and obey their Commanders, and therefore shall receive [Page 5]their commands with reverence, and shall make no noise, but be silent, when the Officers are commanding 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 Captain, 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 Armie, by writ, word, or any other way, and be not able to make it good, and 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 nor inferior Officer shall quarrell with, or offer any injurie to his Superior, nor refuse any dutie commanded him upon pain 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 known prejudice of the publike, 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 mutinie or sedition, whether for demanding his pay, or upon any other cause, or if any man shall be privie to such mutinous speeches, or waies, and shall conceal them; both shall be punished with death.

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

Duties to others.The Provost Marshall must not be resisted, or hindred in appre­hending or putting delinquents in prison, and all Officers must as­sist him to this end, and if any man shall resist or break prison, he shall be censured by the Court of War.

VIII. Murther is no lesse unlawfull & intolerable in the time of war, then in the time of peace, and 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 mer­cie. And whosoever shall be found guiltie of adulterie or forni­cation, shall be no lesse severely censured and punished than in the time of peace.

Theeves and robbers shall be punished with the like severitie. [...]n [...] shall spo [...]le, or take any part of their goods that die in the [...] or are killed in service, he shall restore the double and be farther [...]shed a [...] discretion. It is provided that all their goods be forth comming, and be disposed of according to their Testa­ment & will declared by word or writ before witnesses, or if they [...] ▪ [...]de no Testament, to their wives, children, or nearest kin­ [...], according to the Lawes of the Kingdome.

A [...]l [...]all live together as friends and brethren, abstaining from w [...]s of disgrace, contempt, reproach, giving of lies, and all pro­v [...]cation by word or gesture. He that faileth, shall be imprisoned for the first fault, and if he be incorrigible, he shall be with shame put out of the Armie.

IX. All Sould [...]ers shall come to their Colours, Con [...]. Armes. to watch, to be exercised, or to muster, with their own Armes, and if any Soul­dier shall come with another mans Armes, he shall be punished with rigour, and the lender shall loose his Armes. All shall come also with compleat and right 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 thift: And he that buyeth them, or taketh them to pawne, be his Souldiour, or Victualler, shall pay the double of the money, beside the want of the things bought or impawned, and b [...] further punished at discretion.

Whosoever in a debauched and lewd manner by Cards or Dice, or by sloath, and un [...]x [...]e neglect, shall loose his Horse, and Armes in who [...], [...], th [...] hinderance of the service; And whosoever shall w [...]llful [...]y spoile, or breake his Armes, or any in­strument of war [...]e comm [...]t [...]d [...]o [...]m, by cutting downe of trees, or any other way he sh [...] serve is a pioner, till the losse be made up, and he [...]unished [...] charges.

X. No man on h [...]s [...]rch, Concerning Marching. or at his lodging within or with­out the Countrey upon whatsoever pretext, shall take by violence either horse, [...], money, or any other thing, lesse or more, but shall pa [...] [...] usuall prices for his meat and drinke, or be furnished according to the order given by the Lord Generaall up­on paine of death, without mercie.

If any man shall pre [...]e to pull down, or set on fire any dwel­ling [Page 7]house, though a Cottage, or hew downe any fruit trees, or to waste, or deface any part of the beautie o [...] [...]e countrey, he shall be punished most severely, according to the importance of the fault.

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

XI. If any Colonell of horse or foot, Of Muster. shall keepe back his Soul­diers from the appointed musters, or shall lend his Souldiers to [...] false muster, upon tryall in the court Marshall, he shall be punished as a deceiver. And if any Muster-master shall use any take Rols, shall have any hand in false Musters, or by connivence, or any other way be tryed, to be accessory to them, he shall suffer th [...] [...]ike punishment.

XII. No man shall presume to doe the smallest injurie to any that bring necessaries to the Leaguer, Victuallers. whither by stealing from them, or deceiving them, or by violence in taking th [...]ir horse or goods, under the paine to be accounted and punished as enemies. No Victualler 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, keepe 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 down by the generall Marshall, and be given to the Marshall of the severall Regiments.

XIII. No man enrolled professing himselfe or pretending to be a Souldier shall abide in the Army, Duties in the Campe. unlesse he enter in some Company, nor shall he that hath entered depart without licence upon the paine of death. No man having licence shall stay be­yond the time appointed him upon paine of 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, he shall be punished as a mutiner.

And if any man shall stay out of his quarter or goe without shot of Cannon being intrinshed, but one night, without leave of his superiour officer he shall be casheerd.

All that shall be absent from the watch after the signe is given for the setting thero [...] shall be severely punished. He that revealeth or falsisieth the watchword given by the officer, within the tren­ches, [Page 8]or before the Colours: He that is taken sleeping or drunken upon his watch: he that commeth off the watch before the time, every one of those shall be punished with death.

If any number of Souldiers shall assemble together, for taking mutinous counsell upō whatsoever pretext: The Officers joyning with them, shall suffer death: The tenth man of the Souldiers shall be hanged, and the test condemned to be pioners, and to purge the Campe, till by some exploit they procure pardon, and redeeme their reputation.

XIV. Every man when the Alarum is given, [...] shall repaire spee­dily to his Colours: no man shall forsake or flee from his Colours. No man in the Countrey shall receit them that flee. No man in the Battell shall throw away his Mushet, Pi [...], or Bandilier, all un­der the paine of death.

Whatsoever Regiment of horse of foot, having charged the enemie, shall draw backe, before they come to stroke of sword, shall answer for it before a councell of war: And if it be through default of any Officer, he shall be censured by the councell of war. If the fault be in the Souldiers, the tenth man shall be punished with death, and the rest put to base service, till by their valour they prove themselves worthy of a better condition.

XV. If it shall come to passe, Dut [...] after Battell. that the enemy shall force us to Battell, and the Lord shall give us victory, none shall kill a yeeld­ing enemy, nor save him that still pursueth, upon paine of death. Neither shall there be any ransoming of persons, spoiling, 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 paine of death.

XVI Every mans carriage shall be diligently observed, Rewards for [...]he well-de­serving and he according to his merit rewarded or punished: And whatsoever Officer or Souldier shall carry himselfe dutifully in his station, and doth his part valiantly, in battell or fight, 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 warre.

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