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B08601 War practically perform'd: shewing all the requisites belonging to a land-army, in marches, battels, and sieges. / Deduced from ancient and modern discipline by the experience of Capt. Nath. Boteler. Boteler, Nathaniel. 1672 (1672) Wing B6288D; ESTC R173344 93,172 256

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his place unto him that did first discover the default unto the Constable or Marshal And that every one in whose custodie this Prisoner should chance to be was to be careful to conceal from him all the secrets and Avenues upon the Camp To which end he was not to be suffered to walk at large nor to range about without a good Guard upon him and this upon pain of losing his Prisoners ransom whereof the one third part was to be allowed to his Captain the other third to the Constable and the last to the Informer And the person also of the Delinquent to be under arrest at the Generals pleasure Neither was any man to ransom his Prisoner without Licence of the General or the Constable or Marshal nor any private person to give any safe-conduct to any Prisoner upon pain of forfeiture of all his Goods and his body to be under arrest during the Kings pleasure And whosoever violated the Kings or Generals safe-conduct was to be hanged drawn and quartered And being thus fallen upon the punishments of Delinquents in a Martial way we shall in the next Chapter say somewhat of Martial Courts CHAP. IV. Of the Martial Courts in an Army Royal the manner of Trials in them Of the punishments inflicted upon Delinquents in these Courts Of punishments in crimes not capital IN a well disciplined Army three several kindes of Martial Courts are to be instituted for it is a noveltie to have Martial Law denied in the Government of an Army in the Field and an absurd one The first Martial Court consisteth of all the Commanders in chief with the Colonels and Judge-Marshal General And this Court after due notice taken of the offence pronounceth sentence accordingly And from this Court lieth no Appeal but to it may Appeals be made from any of the other two In the second rank are those Courts which are Weekly held in every Regiment and oftner if cause require And the Colonels of the Regiments with the Judge-Marshals here sit in their several Courts and pronounce sentence upon the Delinquents of their several Regiments Of the third rank is that Court where the Judge-Marshal of the Army and the Judge-Marshals of the Regiments sit and onely they And this Court takes notice of all Causes both criminal and civil and is instituted for the ease of the Commanders And into this Court the offenders and their offences are presented by the Provost-Marshals of the Regiments whose office also it is to produce the accusers and to attend the trials and censures the which they are also to see executed Touching the manner and form of the Trials in all these Courts they are not much dissonant from those in Courts Criminal ordinarily practised for the accusers are heard upon their oaths as also the witnesses And the accused have full libertie to speak for themselves and are to be heard with patience and equanimitie Onely the Decisions in stead of common Jurors are passed by most voices being the Votes of such Commanders as sit Judges in the several Courts and the Censure pronounced for the most part by the Judge-Marshal or in his absence by the President of the Court for the time being who is commonly the most eminent Officer amongst them And these Forms and courses of Trials seem to me without exception and are so proper and essential to the well regulating and Government of an Army in regard that delays of execution upon Delinquents in many cases cannot be endured without thousands of varieties of danger that for my part I cannot understand how an Army can subsist without them As for the punishments inflicted upon Delinquents by these Courts in capital causes they are Shooting to death which is held the fairest Hanging and sometimes Empaling That Delinquent is to be shot to death who killeth any man in Duel within Cannon-shot of the Camp or that maketh any attempt upon the Enemy without direction or leave from his superiour Commander He is to be hanged that Robbeth Murthers desperately and obstinately Blasphemes that is a Mutineer or an inciter of Mutinies that rescueth offenders from the execution of a Censure That striketh his Commander That wilfully dischargeth his Piece to give a false alarm in the night or in any ambush by day That licenseth Souldiers for money to leave the Army without leave of the General That takes pay of two Captains That fights or quarrels in the instant of service or upon the expectation in which case also it is permitted for any Souldier to kill such a Souldier That absents himself from his Duties That abandons his Colours in danger to be lost That disperseth false News or Reports of purpose to discourage his Companions That straggleth from his Colours in a march or keeps not his appointed place That gives not the Alarm to the Camp upon just cause when he stands Centinel That answers not all Alarms That goes out of the Camp or Trenches by any extraordinary way save the common ones That sells his Horse or Arms when Service is expected That succours not his General or Captain being in danger That quits a place committed to his charge being not enforced by the Enemy That offender is to be Empaled that willingly and of purpose changeth the Watch-word or makes it known to the Enemy That committeth treason against the person of the General or Army in general That poisons the Artillery or by any ways maliciously makes it unserviceable or endeavours to make it so And lastly That entertains any secret intelligence with the Enemy And these are the capital punishments for capital offences As for the inferiour and less capital He is to be imprisoned that fights swaggers swears couzens drinks drunk That is a common Gamester absents himself from his Quarter by night That pays not the Merchants Artificers or Victuallers their dues That either by negligence or folly discovers any purpose or intention of the Army That strikes or beats any Souldier without cause That neglects Divine Service He is to undergo the Cudgel that is contumax or insolent towards his Commanders That keeps not his Arms clean and in point That either sells or pawns his Arms or buys or takes any Arms to pawn He is to be disarmed or banished the Army or Strappadoed or Whipped but this last is seldom to be given to a Souldier that shall obstinately persevere in any crime whatsoever And these and such as these are the crimes punishable in Martial Courts And indeed any other crime whatsoever which shall tend to the disturbance of the Army or the debanching of the Souldier CHAP. V. Of the laying and preventing of Ambushments How a discovery upon an Enemie may best be made Of the fittest places for Ambushments Of the service of Horse-men and Foot-men which to be preferred WE shall in this Chapter give some advertisements and that very briefly about two particulars not yet mentioned Touching the laying out of Ambushments with the prevention of falling into them and the