Lawes and Ordinances OF WARRE, Established for the better Conduct of the Army, BY HIS EXCELLENCY The Earl of ESSEX, Lord Generall Of the Forces raised by the Authority of the PARLIAMENT, For the defence of KING and KINGDOM.
Together with a DECLARATION Of the LORDS and COMMONS in PARLIAMENT, Concerning the regulating of great Inconveniences in His EXCELLENCIES Army.
LONDON, Printed for John Partridge, and John Rothwell 1643.
ROBERT, Earl of ESSEX, Lord FERRERS of Chartley, Bouchier, and Lovain. Captain Generall Of the Army raised by the Authority OF PARLIAMENT, for the defence of KING and KINGDOME: TO all the Officers of the Army; Colonels, Lieutenant-Colonells, Serjeant-Majors, Captains, other Officers and Souldiers of Horse and Foot, and all others whom these Laws and Ordinances shall concerne.
VVHich Laws and Ordinances hereby pulished, all the said persons respectively and severally are required and commanded to observe and keepe, on the Pains and Penalties therein expressed.
Lawes and Ordinances of Warre.
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Blasphemy.I. 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 our Christian Faith, upon pain to have his Tongue bored with a red-hot Iron.
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Cursing.II. Unlawfull Oaths and Execrations, and scandalous acts in derogation of Gods Honour, shall bee punished with losse of Pay, and other punishment at discretion.
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Neglecting Divine Worship.III. 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 Censure.
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Intelligence with the Enemy.I. ALL such as shall practice and entertain Intelligence with the Enemy, by any manner of means or slights, and have any communication with them, without direction from my Lord Generall, shall be punished as Traitors and Rebels.
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Relief of the Enemy.II. No man shall relieve the Enemy with Money, Victuals, Ammunition; neither harbour or receive any such, upon pain of death.
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Yeilding up of Ports.III. Whosoever yeeldeth up any Town, Fort, Magazine, Victuals, Arms, Ammunition, or that motioneth any such thing, but upon extremity, and that to the Governour, or in Councell, shall be executed as a Traitor.
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Carelesse Service.IV. Whosoever shall be convicted to doe his Duty negligently and carelesly, shall be punished at discretion.
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Violating of a safeguard.V. Whosoever shall presume to violate a Save-guard, shall die without mercy.
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Violating of the Lord Generall.I. VVHosoever shall shall use any words tending to the death of the Lord Generall, shall be punished with death.
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Quarrelling with Officers.II. No man shall presume to quarrell with his superiour Officer, upon pain of Cashiering, and arbitrary punishment; nor to strike any such, upon pain of death.
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Departing from Captains and Masters Silence in the Army.III. No Souldier shall depart from his Captain, nor Servant from his Master, without license, though he serve still in the Army, upon pain of death.
- IV. Every private man or Souldier, upon pain of Imprisonment, shall keep silence when the Army is to take Lodging, or when it is Marching, or Imbattallio, so as the Officers may be heard, and their Commandments executed.
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Resisting against Correction.V. No man shall resist, draw, lift, or offer to draw or lift his weapon against any Officer correcting him orderly for his defence, upon pain of death.
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Unlawfull Assemblies.VI. No person shall make any mutenous assemblies, or be present or assisting thereunto, or in, or by them demand their pay, upon pain of death.
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Resisting of the Provost-Marshall.VII. No man shall resist the Provost-Marshall, or any other Officer, in the execution of his Office, or break prison, upon pain of death.
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Seditious words.VIII. None shall utter any words of sedition and uprore, or muteny, upon pain of death.
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Concealing mutenous speeches.IX, A heavy punishment shall be inflicted upon them who after they have heard mutenous speeches, acquaint not their Commanders with them.
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Receiving of Injuries.X. Whosoever shall receive an injury, 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.
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DrunkennesseI. 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.
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Unnaturall abuses.II. Rapes, Ravishments, unnaturall abuses, shall be punished with death.
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Adultery.III. Adultery, Fornication, and other dissolute lasciviousnesse, shall be punished with discretion, according to the qualitie of the offence.
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Theft.IV. Theft and Robbery, exceeding the value of twelve pence, shall be punished with death.
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Provocation.V. No man shall use reproachfull nor provoking words, or acts to any, upon pain of Imprisonment, and further punishment, as shall be thought fit to be inflicted upon enemies to discipline and service.
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Seizing upon dead mens goods.VI. No man shall take or spoile the Goods of him that dieth, or is killed in Service, upon pain of restoring double the value, and arbitrary punishment.
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Muther.VII. Murther shall be expiated with the death of the murtherer.
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Full Armour.I. ALL Souldiers coming to their Colours to watch, or to be exercised, shall come fully armed, upon pain of severe correction.
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Slovenly Armour.II. None shall presume to appear with their Arms unfixt, or undecently kept, upon pain of arbitrary correction
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Loosing of Horses and Arms.III. If a Trooper shall lose his horse or Hackney, or Foot-man nay part of his Arms, 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.
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Pawning or selling of Armour.IV. No Souldier shall give to pawn, or sell his Armour, upon pain of imprisonment, and punishment at discretion; and wheresoever any Armour shall be found so sold or pawned, they shall be brought again into the Armie.
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Wilfull spoiling of Horses.V. 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 a Pioner.
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Borrowed Arms.VI. If one borrows Arms of another to passe the Muster withall the borrower shall be rigorously punished, and the lender shall forfeit his goods.
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Imbezelling of Ammunition.VII. None shall presume to spoil, sell, or carry away any Ammunition delivered unto him, upon pain of death.
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Waste and extortion.I. None in their March thorow the Countries shall waste, spoil, or extort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death,
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Taking of horses out of the Plow.II. No Souldier shall presume, upon no occasion whatsoever, to take a horse out of the Plow, or to wrong the husbandmen in their person, or cattell, or Goods, upon pain of death.
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Stragling from the Colours.III. No Souldiers, either Horse or Foot, shall presume in Marching to straggle from his Troop or Company, or to March out of his rank, upon pain of death.
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Spoiling of trees.IV. No Souldier shall presume, in Marching or lodgin, to cut downe any fruit-trees, or to deface or spoi e Walks of trees, upon pain of severe punishment.
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Swerving from the Camp.I. NO man shall depart a mile out of the Army or Camp without license, upon pain of death.
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Going in or out by-ways.II. No man shall enter, or go out of the Army, but by Ordinary wayes, upon pain of death.
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Drawing of Swords after setting the Watch.III. No man shall presume to draw his Sword without Order, after the Watch is set, upon pain of death.
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Giving a false Alarm.IV. No man shall give a false Alarm, or discharge a peece in the night, or make any noise without lawfull cause, upon pain of death.
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Drawing Swords in a quarrell. Revealing the Watch-word.V. No man shall draw any sword in a private quarrell within the Camp, upon paine of death.
- VI. Hee that makes known the Watch-word without Order, or gives any other word but what is given by the Officers, shall die for it.
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Offering violence to Victuallers.VII. No man shall do violence to any that brings Victualls to the Camp, upon pain of death.
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Speaking with the Enemies Messengers.VIII. None shall speak with a Drum or Trumpet, or any other sent by the Enemy, without Order, upon pain of punishment at discretion.
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A Sentinell asleep, or drunk.IX. A Sentinell or Perdue found asleep, or drunk or forsaking their place before they be drawne off, shall die for the Offence, without mercy.
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Failing at the Rendevouz.X. No man shall faile wilfully to come to the Rendevouz or Garrison appointed him by the Lord Generall, upon pain of death.
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Remaining unrolled in the Army.XI. No man that carrieth Armes, and pretends to be a Souldier, shall remain three dayes in the Army without being inrolled in some Company, upon pain of death.
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Departing without leave.XII. No man that is enrolled, shall depart from the Army or Garrison, or from his Colours, without License, upon pain of death.
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Out staying a Passe.XIII. No private Souldier shall Out-stay his Passe without a Certificate of the Occasion, under the hand of a [Page]Magistrate at the next muster, upon pain of losing his pay, during al the time of his absence.
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Absenting from the Watch.XIV. Hee that absents himselfe when the signe is given to set the Watch, shal be punished at discretion, either with bread and water in prison, or with the woodden horse.
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Discontented with their Quarters.XV. Whosoever shal expresse his discontent with his Quarter given him in the Camp, or Garrison, shall be punished as a Mutineer.
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Lying or supping out of the Quarters.XVI. No Officer, of what quality soever, shall go out of the Quarter to dinner or supper, or lie out al night, without making his superiour Officer acquainted, upon paine of cashiering.
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Keeping of the Quarters. clean.XVII. All Officers whose charge it is, shal see the quarters kept clean and sweet, upon pain of severe punishment.
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Letting of Horse feed in sown grounds.XVIII. None shal presume to let their horses feede in sown grounds whatsoever, or to endamage the Husbandmen any way, upon severest punishment.
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Repairing to the Colours upon an Alarom.I. NO man shal faile immediately to repaire unto his Colours (except upon evident necessity) when an Alarm is given, upon pain of death.
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Hying.II. No man shal abandon his Colours, or flie away in Battel, upon pain of death.
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Flinging away Armes.III. If a Pike-man throw away his Pike, or a Musketier his Musket or Bandilier, he or they shal be punished with death.
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Burning and wasting.IV. No man shal burn any house or Barne, be it of friend or foe, or wilfully spoile any Corne, Hay, or Straw, or Stacks in the fields, or any Sheep, Boat, Carriage, or any thing that may serve for the provision of the Army, without Order, upon pain of death.
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Killing an Enemy who yeelds.V. None shall kill an enemy who yeelds, and throwes down his Armes.
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Saving of men armed with Offensive Arms.VI. None shal save a man that hath his offensive Armes in his hands, upon paine of losing his Prisoner.
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Flinging away Powder.VII. Whosoever in skirmish shal fling away his Powder out of his Bandiliers, that he may the sooner come off shal be punisht with death.
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Imbezzelling of the prey.VIII. No Souldier shal imbezzell any part of the prey til it be disposed of by the Lord Generall, or others authorized, upon pain of death.
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Concealing of PrisonersIX. No Officer or Souldier shal ransome, or conceal a Prisoner, but within twelve houres, shal make the same known to the Lord Generall, or others authorized, upon pain of death.
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Pillaging without licence.X. No man upon any good suecesse, shal fal a pillaging before licence, or a sign given, upon pain of death.
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Retreating beforehandy blowes.XI. A Regiment, or Company of Horse or Foote, that chargeth the enemy, and retreates before they come to handy-strokes, shal answer it before a Councell of War; and if the fault be found in the Officers, they shal be banished the Camp; if in the Souldiers, then every tenth man shal be punished at discretion, and the rest serve for Pioniers and Scavengers, til a worthy exployt take off that Blot.
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Commanders must see God duly served.I. ALL Commanders are straightly charged to see Almighty God reverently served, and Sermons and prayers duly frequented.
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Commanders must acquaint my Lord Generall with dangerous humours.II. All Commanders and Officers that finde any of discontented humors, apt to mutinize, or any swerving from direction given, or from the policy of the Army set downe, shall straightway acquaint the Lord Generall [Page]therewith, or others authorized, as they will answer their, neglect.
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Defrauding of Souldiers pay.III. Any Officers that shall presume to defraud the Souldiers of their pay, or any part of it, shall be cashiered.
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Stopping of Duellers.IIII. No Corporall, or other Officer commanding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or private Fight, upon pain of death.
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Drunken and quarrelsome Officers.V. What Officer soever shall come drunke to his Guard or shall quarrell in the Quarter, or commit any disorder, shall be cashiered 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.
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Carelesse Captaines.VI. A Captaine that is carelesse in the Training and governing of his Company, shall be displaced of his charge.
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Officers out-staying their passe.VII. All Captaines or Officers that shall out-stay their Passe, shall be punished at the Lord Generalls discretion.
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All Officers bound to part quarrels.VIII. All Officers, of what condition soever, shall have power to part quarrels and frays, 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 Souldiers 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.
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Officers-non resident in Garrison.IX. A Captaine or Officer non-resident in the place assigned him for Garrison without license, shall have one moneths pay defaulted for the first Office, and two months for the second: upon the third Offence he shal be discharged of his command.
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Cashiering of Souldiers.X. After the Army is come to the general Rendezvouz, [Page]no Captaine shal cashier any Souldier that is enrolled, without speciall Warrant of the Lord General.
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Mustering of false and counterfeit Troops.XI. No Captaine of a Troop shall present in Musters any but reall Troopes, such as are bound by their pay to follow the Troops, upon paine of cashiering without mercy. And if any Victualler, Free-booter, Enterloper, or Souldier whatsoever, of any Troop or Company, shal present himselfe, or his horse in the muster, to mislead the muster-Master, and to betray the service, the same shall be punished with death.
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Commissaries of victuals & Ammunition must be true.XII. No Provider, Keeper, or Officer of Victuall or Ammunition, shall imbezel or spoile any part thereof, or give any false account to the Lord Generall, upon pain of death.
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Muster-Masters conniving at counterfeits.1. NO Muster-Master must wittingly let any passe in the musters, but such as are really of the Troop or Company presented, upon pain of death.
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Captains must send a Roll of their men to the Lord Generall.II. All Captaines shall cause their Troopes or Companies to be full and compleat; and two dayes after the Generall mustering, they shal send to the Lord Generall a perfect List or Roll of all the Officers of their Troopes and Companies, and likewise of al the Troopers and Souldiers that are in actual Service, putting downe distinctly on the head of each man his monthly Pay.
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Every pay-day.III. The like Roll or List shal the Captaines send to the Lord Generall, and to the Treasurer of the Army upon every Pay-day during the Service, with a punctuall expression at the bottome of the said Roll, what new Troopers or Souldiers have beene entertained [Page]since the last Pay-day, in lieu of such as are either deceased or cashiered, and likewise the day whereon they were so cashiered and entertained.
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Subscribed by al the officers of the Troop or Company.IV. Which said List or Roll shal bee subscribed not onely by the Captaine and his Lieutenant and Coronet or Ensigne, but also by the Sergeants and Corporals respectively, who shal declare upon their Oaths, That the Troopers and Souldiers and enrolled in the said List are real and actual Troopers and Souldier, of the respective Troopes and Companies. And whosoever shal be convicted of falshood in any of the premises, shal be cashiered.
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Muster-masters must use no other RolsV. No Muster-master shal presume to receive or accept of any Roll to make the musters by, but the forementioned Rols, upon pain of the losse of his place, and other punishment at discretion.
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Counterfeit names in the Rolls.VI. No man shal presume to present himselfe to the muster, or to be inrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death.
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Victuallers issuing naughty Victualls.I. NO Victuallers shal presume to issue or sell unto any of the Army, unsound, unsavoury, or unwholsome Victuals upon pain of imprisonment, and further arbitrary punishment.
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No Souldier must be a Victualler.II. No Souldier shal be a Victualler without the consent of the Lord General, or others authorized, upon pain of punishment at discretion.
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Unseasonable hours kept by Victuallers.III. No Victualler shal entertaine any Souldiers in his House, Tent, or Hutt, after the Warning-piece at night, or before the beating of the Ravalee in the morning.
- [Page] IV. No Victualler shal forestal any Victualls, nor sell them before they be appraised by the Marshal Generall, upon severe punishment.
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Summary proceedingsI. ALL controversies betweene Souldiers and their Captaines, and al others, shal be summarily heard and determined by the Councel of War, except the weightinesse of the cause require further deliberation.
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The Provost-Marshal must look to his prisoners.II. No Provost-Marshall shal refuse to keepe 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 party dismissed.
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Goods of the destinct.III. The Goods of such as die in the Army or Garrison, or be slaine in the service, if they make any Will by word or writing, shal be disposed of according to their Will. If they make no Wil, then shall go to their Wives, or next Kin. If no Wife or Kindred appeare within a yeere after, shal be disposed of by the appointment of the Lord Generall, according to the Lawes Civil and Military.
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Civill Magistrates imprisoning Souldiers.IV. No Magistrate of Town or Countrey, shal without license imprison any Souldier, unlesse for capitall Offences.
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For debts and other small offences.V. In matters of debts or trespasse, or other inferiour cases, the Magistrate shal acquaint his Captaine, or other chief Officer there with, 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: And if the Officer faile of his duty therein, the Lord Generall upon complaint of the party grieved, will not only see him righted, but the Officer punished for his neglect in this behalf.
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Braving the Court of Justice.VI. No man shall presume to use any braving or menacing words, signes, or gestures, while the Court of Justice is sitting, upon paine of death.
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Receiving of Run-awayes.VII. No inhabitant of City, Towne, or Countrey, shall presume to receive any Souldier into his service, or conceale, or use meanes to convey such Run-awayes, but shall apprehend all such, and deliver them to the Provost-Marshall.
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Detecting of Offenders.VIII. All Captaines, Officers, and Souldiers, shall doe their endeavours 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.
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Offences whatsoever to be punished by the Laws of War.IX. All other Faults, Disorders, and Offences not mentioned in these Articles, shall be punished according to the generall Customs and Laws of War.
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 Rendevouz, these Lawes in every severall Regiment, in the presence of all the Officers, are plainely and distinctly to be read by the Marshalls of the severall Regiments, assisted by the Marshall Generall; in the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly 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 main Guard, the Captaine is to doe the like, that none may be ignorant of the Lawes and Duties required.
BY vertue of the Authority given me by the Ordinance of the Lords and Commons in Parliament, I command these Ordinances to be observ d and obeyed in the Army: And by these Presents give order that the same shall be forthwith Printed and published.
A Declaration of the Lords and Commons Assembled in Parliament.
Concerning the great Inconveniences in His Excellencies Army.
WHereas it is found, That great inconveniences have ensued, for want of a strict and severe Discipline, to have been observed in the Army now raised by Authority of Parliament, under the Command of Robert Earl of Essex; and for that the Laws and Ordinances by him set forth for the Government of the said Army, have not been put in execution: It is now Ordained and Declared by the Lords and Commons in Parliament assembled, That from henceforth the Officers and Souldiers of the said [Page]Army may not expect any further forbearance of such punishments to be inflicted on them for any their offences, as shall be due unto them by the said Laws and Ordinances; But that the Lord Generall may and ought to punish them by death, or otherwise, according to their demerits.