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A22830 Lawes and ordinances of vvarre, for the better government of His Maiesties Army Royall, in the present expedition for the northern parts, and safety of the kingdome Under the conduct of his Excellence, the Right Honourable Thomas Earl of Arundel and Surrey, Earl Marshall of England, &c. and Generall of His Majesties forces.; Regulations. 1639 England and Wales. Army.; Arundel, Thomas Howard, Earl of, 1585-1646. 1639 (1639) STC 9335; ESTC S101120 10,462 30

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the best of his prisoner 4 No Officer or Soldier shall steale spoile or diminish any prey or booty taken or recovered from the enemie but shall endeavour to keep it intire to be disposed of by the Generall or him that commands in chiefe upon paine of death 5 No man shall presume to breake burne or pillage any Church Schoole Hospitall or Colledge nor to tyrannize over any Church-men Schollers or poore people women maides or children upon paine of death or other such punishment as in a strict Councell of warre shall bee awarded Concerning the administration of Justice FIrst That such as commit disorders may be detected and punishment accordingly awarded it shall bee lawfull for the Councell of warre and the Advocate for the Army to enquire of the Actors and circumstances of offences committed by the oathes of such and so many as they thinke convenient and shall further use all meanes for examination and triall of persons dilated suspected or defamed 2. All causes and controversies arising betwixt Captains and Soldiers and all others within the Camp or Garrison shall be heard and discussed summarily and execution done according to the military Lawes by the Councell of warre without appeale unlesse the greatnes of the cause or other circumstances require stay or deliberation 3 All proceeding in the Court-marshall as well civill as criminall shall be truely and fairely recorded 4 If any Captaine Gentleman or Soldier declare or make his Testament or last Will of the goods he hath in Camp or Fortresse or which hee hath got in service as also of the debts which are owing to him all shall bee recorded in the Court-marshall and executed by those that are named Executors If no Will be made then shall his goods descend to his wife or next kinred if he have any But if he have none or that none comes to demand his goods within one yeare then shall his goods be administred and distributed at the appointment of the Lord Generall according to the Lawes civill and the customes of the warres 5 No man shall seize upon spoile take or conceale the goods of any man that dyeth or is slaine in the Kings service upon the penalty of restoring double whensoever it shal be discovered and further to be punished at the pleasure of the Lord Generall or Court-marshall 6 No Captaines Officers or Soldiers shall refuse to discover apprehend and bring forth to justice any whom they know to be offenders as they will answer their neglect before the Lord GENERALL or Councell of warre 7 None of the Kings liege people shall conceale receive into their service or conveigh away any Soldiers that have runne away from their Colours but shall be oblieged to stay discover and deliver them or assist to the delivering of them to the Provost-marshall so soon as possibly they may And that upon paine of imprisonment or other punishment according to the discretion of the Lord Generall or Councell of warre 8 The Provost-marshall generall shall see all Judgements sentences and commandments of the Lord Generall and Councell of warre put in execution 9 Every Soldier and others being desired shall assist the Provost-marshall and his Officers in the apprehending of malefactors and in the execution of justice upon paine of imprisonment Neither shall any rescue a prisoner so apprehended upon paine of death 10 No man shall interrupt or trouble the Councell of warre or Officers of justice doing their offices but upon request made shall be ready to assist and guard them upon paine of fine and imprisonment 11 No Provost-marshall shall refuse to keep a prisoner committed to his charge nor shall dismisse him being once received without warrant upon paine of the like punishment that the party so dismissed or let goe should have endured 12 Whoever shall presume to draw or present any weapon in the Court of justice and while it is sitting shall die without mercy 13 Whatever Regiment Troope or Company on Horse or Foot shall be found culpable in the Court-marshall for any of the matters in these Ordinances mentioned all the Officers of such Regiment Troope or Company and every tenth soldier thereof shall be punished with all severity as the nature of the offence shall require and all other of the soldiers shall be put to doe some servile offices in the Armie untill by some brave exploit they purge themselves or otherwise be punished as the Lord Generall or the Marshall-court shall thinke fitting 14 In whatever cases or accidents that may occurre for which there is no speciall order set downe in the Lawes here published there the ancient course of Marshall discipline shall be observed untill such time as his Excellence the Lord Generall shall cause some further Orders to bee made and published in the Army which shall thenceforward stand in force upon the paines therein expressed The Oath I A. B. doe sweare before the Almighty and everliving God that I will beare all faithfull Allegeance to my true and undoubted Soveraigne Lord King CHARLES who is lawfull King of this Iland and all other his Kingdomes and Dominions both by Land and Sea by the Lawes of God and Man and by lawfull succession and that I will most constantly and cheerefully even to the utmost of my power and hazard of my life constantly oppose all Seditions Rebellions Conspiracies Covenants Conjurations and Treasons whatsoever raised or set up against his Royall Dignity Crowne or Person under what pretence or colour whatsoever and if it shall come veiled under pretence of Religion I hold it more abominable before God and man And this Oath I take voluntarily in the true faith of a good Christian and loyall Subject without any equivocation or mentall reservation whatsoever from which I hold no power upon earth can absolve me in any part This Oath is to be taken by all the Officers and Soldiers in the Army by his Majesties expresse Commandment as a Touch-stone of every mans fidelity and loyalty The forme of this following Oath is to bee taken by every Soldier upon the reading and publishing of these Orders At which time the Soldiers holding up their hand or fingers shall say after him that readeth the Oath in these words following ALL these Lawes and Ordinances which have publikely here been read unto us we do hold and allow of as sacred and good and will confirme fulfill and keep them to the uttermost of our power So helpe us God FINIS Against blasphemy Deriding of Gods word or Ministers Common swearing cursing and profaning of holy Scripture Sacriledge Observation of the Lords day and frequenting of divine Service Gaming Whoredome Notorious crimes Abusing of women Drunkennesse Drunkennesse upon the watch c. Offences done in drink To pray before the taking in hand of any enterprise Trecherous speeches Conspiracies Intelligence with the enemy Assisting the enemy with munition c. Mutinies Yeelding up strengths c. Reseues Refusing to repaire to the Army c. Revolters Discovering the Word Sleeping upon the guard Disparaging them Commanders Obedience without resistance Absence from their colours Keeping back pay False musters Officers to serve armed Word or mark Entertaining other mens souldiers or servants Watching and warding Disarray Designes to be by direction Making away of armes c. Pasports For saking his colours Clamours Alarmes Challenges Duels c. The lie Stealing Abuses upon the march or quarter Burning of corne houses c. Mustering by two names c. Commissary of the Musters Cheques Wasting of victuals c. Exercising of Companies Sound of Drums and Trumpets Content with their own quarter Righting of injuries Deceiving trusts Quiet after the watch is set Lying out of his Garrison Lodging of strangers ●pies 〈◊〉 Passing in by the Ports Idle persons Making or ●●p●iring the works c. Centri●s an● guards Annoyanc● Cleansing the Quarters ●reedome of merchants ●c ●●using of ●uses ●ings c. Deceits of Commissaries c. Corne fields Strangers not to stay in the Army Not to leave rank or Ensigne Prizes 〈…〉 prisoners Booty Abuses to Churches or Church-men Disorders punished Causes determined And recorded Wills Goods of the dead Discovering malefactors Runawaies to be returned Provost-Marshall to be assisted Officers of Iustice to be assisted Prisoners to be safe kept Menacing of justice Cases not here met withall
Councell shall be executed as a Traitor 7 Whosoever seeth any chiefe Officer or Commander of the Army in the hands or danger of the enemy shall to the uttermost of his power endevour to rescue or to fetch him off upon paine of death 8 Whoever in the neerenesse of the enemy shall refuse to repaire unto the Army or place whither he is commanded or that without order shall depart from them shall be punished with death 9 Whoever shall revolt or run over to the enemy or that shall attempt it shall be punished as a Traitor 10 No man shall bewray the Word unto the enemy or shall give out a false Word in time of Service upon paine of death 11 Whosoever shall be convicted to have slept upon his Watch Guard or sentry or that shall not have given timely and sufficient warning of the coming of the enemy shall be put to death without mercy 12 Whoever shall disparage the actions or directions of any chiefe Commander of the Army unlesse he be able to make it good shall die for it Concerning Captain and Souldiers duties in paticular FIrst all Captaines Souldiers and others shall yeeld their obedience to the lawfull commands of their Superiours without resistance neither shall any draw lift or offer to draw his weapon speake or mutter against his Commanders or others correcting them orderly for their offences upon paine of death 2 All Souldiers that wilfully and without cause absent themselves from their colours or company that goeth to charge or resist the enemy shall die without mercy 3 No Captaine nor Officer shall defraud the Souldier or other person of his pay upon paine of losse of his place fine and imprisonment 4 No Captaine or other Officer shall make or subscribe false muster-roll or fraudulently give in more or other names then he hath in his Troop or Company upon paine of fine imprisonment and losse of his place 5 No Captaine Lieutenant or other Officer that ought to be armed shall come into any battell skirmish or assault without their ordinary Armes upon paine of imprisonment Nor take upon hit by word or deed to controll or hinder the Serjeant-Major in the execution of his office upon paine of death 6 No Officer or Souldier shall goe upon service without the word and some other marke to be knowne by from the enemie especially in night services upon paine of fine and imprisonment 7 No Captaine Officer or other shall entertaine any other mans souldier or servant without consent or lawful dismission from his former Captaine or Master upon the penalty of a moneths pay Neither shall any souldier or servant depart from his Captain or Master without lawfull cause upon paine of imprisonment and returning again of Souldiers to their Captains and Servants to their Masters 8 Captaines and Officers both of Horse and Foot shall watch and ward with their Troopes or Companies upon paine of fine and losse of their places 9 No Souldier shall march along with the baggage but such as shall be appointed Neither shall any march out of his array or straggle abroad from his colours to pillage or plunder when he is appointed to watch guard or to other service upon paine of imprisonment And if they be taken in the manner they shall presently be corrected by their Officers but for the second time they shall suffer death 10 No Troope or Companie shall go forth on foraging or upon any designe or enterprise upon the enemie without the particular direction of such as command in chiefe upon pain of death 11 No Souldier shall sell pawne lend lose give cast away play away or otherwise make away his horse Armes or furniture where with he is appointed to serve nor shall suffer his horse by his default to decay or his Armes to rust or bee broken or spoyled upon paine of imprisonment and infamie And that both to the offender and his abetters and receivers 12 No private Captaine shall give a pasport or licence of departure to his souldier that is able to serve upon paine of fining and losse of his place Neither shall any souldier depart from the Armie or Garrison without a passe upon paine of death 13 No souldier or Officer being once placed in array either in march or battell shall refuse to guard or defend unto his utmost the Standard-royall or other Cornet Ensigne or Colours of the Armie or shall desert abandon or run away from any of them upon paine of death 14 No souldier or others shall use any showting noise or clamor or without cause discharge his peece either in the march Quarter or Ambush upon paine of being bastinadoed by his Officer and of imprisonment afterward 15 No man shall give any Alarme to the Armie Garrison or Quarter but upon just causes nor shall either give it or take it in any clamourous or tumultuous manner but shall orderly and quietly with as much speed as hee may repaire to the place of Arms to answer the Alarme and to doe as he shall be commanded 16 No man shall challenge or defye another in Campe or Garrison nor shall accept of the challenge upon paine of imprisonment and publike disarming before his Companie nor shall any by words or injuries provoke another to the fight or duell or shall revenge his own injuries or provocations upon the like penalties 17 All brawls and quarrels betwixt souldiers shall be severely punished And whoever in such like brawle or quarrel shall kill another except upon extremitie and or defence of his owne life he be enforced to i shall be put to death And he likewise that striketh his fellow-souldier after they are put into array of battell 18 Whoever shall give the lye to any person of the Army whatsoever shall be fined and imprisoned for it at the discretion of a marshallcourt 19 No souldier or other shall fraudulently or thee vishly take any thing away from any mans person Quarter house lodging tent or hutt upon pain of death 20 No Companies of souldiers either of Horse or Foot in their marching retreating or enquartering in or thorow any townes or countries within the allegeance of the King shall doe hurt spoile or injurie unto the persons or goods of the inha●itants upon pain of death or other such grievous punishment as the qualitie of the offence shall have demerited 21 No man shall burne up any Corne Hay or Forage or otler Provisions nor any House Barne Mill or other building that may serve for the use of the Army upon paine of death 22 No Souldier shall muster in two Troopes or Companies or answer to two names in one Company neitler shall any Victualler or other that is no Souldier be allowed to passe the muster for a Souldier upon paine of death or imprisonment as the Court shall finde cause for it 23 Whosoever
shall set upon or resist the Commissary of the Musters or shall wrong him by word or deed in the execution of his office shall be put to death 24 Whatever Muster-master for hatred or for favour shall put a lesser or a greater cheque upon an Officer then his fault demerits or any cheque at all at his own pleasure without view taking shall lose his place for it or at least be liable to such fine or punishment as in a Court-marshall shall be adjudged 25 No Souldier having victuals or ammunition delivered to him for certain daies shall spoile or spend them in lesse time then is appointed him upon pain of imprisonment 26 All Captains and Officers shall be diligent in training and exercising of their Companies and shall be carefull for the well disciplining and providing for them upon such pains as the Marshall-court shall think fitting 27 Every Souldier shall diligently observe and learne the distinct and different sounds of Drums Fifes and Trumpets that he may know how to answer and obey each of them in time of service 28 Every Regiment Company and Servitor either on horse or foot shall be contented with such quarter lodging or billet as is appointed by the Quartermaster nor shall any disturbe another in his quarter or take it from him upon pain of being punished as a mutinyer 29 Whatsoever Captain or other Officer shall do injury to a common souldier or to other his inferiours upon complaint in the Marshall-court he shall be obliged to condigne satisfaction Concerning the Campe or Garrison FIrst Whosoever shall deale fraudulently or negligently in a trust or charge committed unto him by his Camerade shall be enforced to make double restitution out of his entertainment and be further punished by a Court of Warre according as his offence shall have deserved 2 After the watch is set every man shall repaire unto his own Quarter and there use such silence as his neighbours rest be not disturbed And all straglers found abroad after that time shall be imprisoned untill the cause can be examined and order taken for their further punishment or dismission 3 No man in Campe or Garrison shall lie out of his Quarter but by leave of him that commands there in chiefe nor upon warning or command given shall refuse or delay to repair thither upon such paines of fine imprisonment or other punishment as in a Marshall Court shall be awarded 4 No Souldier or other shall entertaine any stranger into his Tent Hut or other lodging without leave of his Corporall or other Officer whom it concerneth upon paine of imprisonment But if he be proved to have concealed a spie he shall suffer death for it without mercy 5 No man shall passe in or out of the Camp or Garrison but by the ordinarie and then usuall Ports Avenues or other entrances upon pain of death 6 All idle persons boyes or women which have no particular imployment for the necessarie and honest use of the souldiers and which be not allowed shall be banished the Camp 7 No Captaine Officer or Souldier in time of necessitie and for defence of the Armie shall refuse to make or repaire the wals quarters or other vvorks and defences about the Camp or Garrison where he is commanded Be it to vvork vvith Spade Basket Wheel-barrovv or other instrument or Engine then used for those purposes upon pain of fine and imprisonment 8 No Souldier appointed to stand Centinell to lie Perdue or to guard in such a post or place shall come off thence till he be relieved by his Officer upon paine of death 9 For keeping the Camp as clean and healthy as may be some places shall be assigned to kill beasts in and for such other necessaries upon the outsides of the Camp Quarter or Garrison Out of which places it shall not be lawfull to do these or other noisome or uncomely offices upon pain of imprisonment 10 Every Provest Marshall shall take care for the cleansing of his quarter every third day at the least and shall cause all garbage carrion filth and other noysome offences to be buried The refusers or neglecters he shall have power to bring to fine or imprisonment Which punishment himselfe also shall be liable unto for neglect of his own duty 11 No man shall spoile or offer violence to any merchant victualler Sutler or other person coming with provisions to the Army or Garrison nor shall break open any shops or warehouses or steale aught out of any house Tent hutt or other place upon pain of death 12 No Souldier or other shall break down any house that may serve for the lodging or sheltring of the companie nor shall trouble or defile any spring well pond or streame of water serving for the Armie upon pain of imprisonment 14 Whatever Commissary Officer or other appointed for levyes or musters or for making provision of Armes Ammunition Carriages Ships or the like for the Armie or Garrison shall be convicted to have dealt deceitfully or negligently in his charge shall suffer such fine imprisonment or death according as the crime or dis-service shall have deserved 15 No Souldier Waggoner Conducter of drawing-horses or other persons having horses in the Army shall put or suffer their horses to be put into any corn-grounds and that upon paine of imprisonment and sufficient satisfaction to the owner 16 No man bearing Armes shall tarry above foure dayes in the Campe or Garrison or follow the Armie unlesse he puts himselfe under some company or have licence from the Generall or other then commanding in chiefe Concerning lawfull Spoiles and Prizes FIrst After that the Enemy is driven out of the field or that the Campe or towne be entered no souldier shall leave his ranke or Ensigne to fall upon the spoile or pillage till the signe be given or licence be obtained upon paine of death 2 Whosoever shall have taken or recovered from the enemie or Rebell any lawfull Spoiles or Prizes above the value of ten shillings shall presently upon his returne to the Camp make the same known to the Lord Generall or whoever commands there in chiefe that the prizes so taken may be recorded and afterwards be sold in the said Camp or Garrison and not elsewhere by sound of Drumme or Trumpet And that upon forfeiture of the said Prize and such other punishment as a Councell of Warre shall thinke fitting 3 No man having taken any Spie or prisoner shall presume to keep him longer then conveniently he may certifie his Captain or other chiefe Officer Much lesse shall he presume to let him go upon ransome or exchange but shall deliver him to the Provost marshall generall upon paine of death And if such Prisoner be a person of qualitie the Taker shall have an honorable revvard for his service of the Lord Generall or else licence of him to make