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A13057 For the colony in Virginea Britannia. Lavves diuine, morall and martiall, &c. Virginia.; Strachey, William, 1572?-1621. 1612 (1612) STC 23350; ESTC S111283 56,375 108

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and wisedome are strengthned by these two waies either by a kind of diuine nature which his happy creation hath blessed him with the vertue whereof comprehendeth foreseeth and vnderstandeth the truth and cleerenesse of all things or by instruction and tradition from others which must improue his wants and by experience render him perfect awaking him in all seasons a vigilant obseruer of ciuill cautions and ordinances an excellent reason inforcing no lesse vnto the knowledge of him that will shine a starre in the firmament where good men moue and that is that no man doth more ill then hee that is ignorant For the auoiding of which and to take away the plea of I did not know in him that shall exorbitate or goe aside with any delinquencie which may be dangerous in example or execution albeit true it is how hee is indeede the good and honest man that will be good and to that needeth fewe other precepts It hath appeared most necessary vnto our present Ethnarches Deputy Gouernor Sir Thomas Dale knight Marshall not onely to exemplifie the olde Lawes of the Colony by Sir Thomas Gates published put in execution by our Lord Generall Laware during his time one whole yeere of being there but by vertue of his office to prescribe and draw new with their due penaltyes according vnto which wee might liue in the Colony iustly one with another and performe the generall seruice for which we first came thither and with so great charges expences are now setled maintained there For my paines and gathering of them as I know they will be right welcom to such young souldiers in the Colony who are desirous to learne and performe their duties so I assure me that by you I shall bee encouraged to go on in the discharge of greater offices by examining and fauouring my good intention in this and in what else my poore knowledge or faithfulnesse may enable me to be a seruant in so beloued and sacred a businesse And euen so committing to your still most abstract graue and vnsatisfied carefulnesse both it and my selfe I wish returne of seuen fold into such his well inspired bosome who hath lent his helping hand vnto this new Sion From my lodging in the blacke Friers At your best pleasures either to returne vnto the Colony or to pray for the successe of it heere WILLIAM STRACHEY Articles Lawes and Orders Diuine Politique and Martiall for the Colony in Virginea first established by Sir Thomas Gates Knight Lieutenant Generall the 24. of May 1610. exemplified and approued by the Right Honourable Sir Thomas West Knight Lord Lawair Lord Gouernour and Captaine Generall the 12. of Iune 1610. Againe exemplified and enlarged by Sir Thomas Dale Knight Marshall and Deputie Gouernour the 22. of Iune 1611. WHereas his Maiestie like himselfe a most zealous Prince hath in his owne Realmes a principall care of true Religion and reuerence to God and hath alwaies strictly commaunded his Generals and Gouernours with all his forces wheresoeuer to let their waies be like his ends for the glorie of God And forasmuch as no good seruice can be performed or warre well managed where militarie discipline is not obserued and militarie discipline cannot be kept where the rules or chiefe parts thereof be not certainely set downe and generally knowne I haue with the aduise and counsell of Sir Thomas Gates Knight Lieutenant Generall adhered vnto the lawes diuine and orders politique and martiall of his Lordship the same exemplified an addition of such others as I haue found either the necessitie of the present State of the Colonie to require or the infancie and weaknesse of the bodie thereof as yet able to digest and doe now publish them to all persons in the Colonie that they may as well take knowledge of the Lawes themselues as of the penaltie and punishment which without partialitie shall be inflicted vpon the breakers of the same 1 FIrst since we owe our highest and supreme duty our greatest and all our allegeance to him from whom all power and authoritie is deriued and flowes as from the first and onely fountaine and being especiall souldiers emprest in this sacred cause we must alone expect our successe from him who is onely the blesser of all good attempts the King of kings the commaunder of commaunders and Lord of Hostes I do strictly commaund and charge all Captaines and Officers of what qualitie or nature soeuer whether commanders in the field or in towne or townes forts or fortresses to haue a care that the Almightie God bee duly and daily serued and that they call vpon their people to heare Sermons as that also they diligently frequent Morning and Euening praier themselues by their owne exemplar and daily life and dutie herein encouraging others thereunto and that such who shall often and wilfully absent themselues be duly punished according to the martiall law in that case prouided 2 That no man speake impiously or maliciously against the holy and blessed Trinitie or any of the three persons that is to say against God the Father God the Son and God the holy Ghost or against the knowne Articles of the Christian faith vpon paine of death 3 That no man blaspheme Gods holy name vpon paine of death or vse vnlawfull oathes taking the name of God in vaine curse or banne vpon paine of seuere punishment for the first offence so committed and for the second to haue a bodkin thrust through his tongue and if he continue the blaspheming of Gods holy name for the third time so offending he shall be brought to a martiall court and there receiue censure of death for his offence 4 No man shall vse any traiterous words against his Maiesties Person or royall authority vpon paine of death 5 No man shall speake any word or do any act which may tend to the derision or despight of Gods holy word vpon paine of death Nor shall any man vnworthily demeane himselfe vnto any Preacher or Minister of the same but generally hold them in all reuerent regard and dutifull intreatie otherwise he the offender shall openly be whipt three times and aske publike forgiuenesse in the assembly of the congregation three seuerall Saboth daies 6 Euerie man and woman duly twice a day vpon the first towling of the Bell shall vpon the working daies repaire vnto the Church to heare diuine Seruice vpon pain of losing his or her dayes allowance for the first omission for the second to be whipt and for the third to be condemned to the Gallies for six Moneths Likewise no man or woman shall dare to violate or breake the Sabboth by any gaming publique or priuate abroad or at home but duly sanctifie and obserue the same both himselfe and his familie by preparing themselues at home with priuate prayer that they may bee the better sitted for the publique according to the commandements of God and the orders of our Church as also euery man and woman shal repaire in the morning to
towards the Ministers and preachers of the same the detestable crime of Sodomie incest theft murther false witnessing treason against the Person of the Generall and principall Commaunders of this Colony and their designes against Detracting Murmuring or slaundering of the Right Honorable the Councell resident in England and the Committies there the generall Councel and Subalternate Commanders heere as also against intemperate raylings base vnmanly speeches vttered in the disgrace one of another all which the Marshall Law as well as the Ciuil Magistrate is to punish but these which concerne in particular the military Discipline to inable your iudgement for your sentence to be required that it may with greater cleerenes and vnderstanding called to censure offences in the Marshal court be deliuered I haue abstracted as followeth 1 Conference with the enemy without leaue or warrant frō the Lord Generall Lieute●ant Generall Marshall or chief principal cōmand for the presēt 2 The designes enterprises and estate of the Colony reuealed to what enemy soeuer by priuy messengers or missiues or otherwise in what sort soeuer 3 The not present aduertising giuing notice vnto a che●fe Commaunder of such things as any man knoweth intended any way or by any body for the domage mischiefe or ill of the Colony or the concealement in any one of any matter of importance and moment for the good of the Colony 4 Running vnto the enemy or intending and plotting to runne albeit preuented 5 Of any one taken prisoner by the enemy hauing meanes to escape not returning to the Colony againe vnlesse hee haue giuen faith 6 Of attempting commotion giuing occasion of sedition or Muteny in the Colony or seducing any labourer or souldier from their duty diuine ciuill or martiall or from their appointed works and labours 7 Of disclosing or giuing the word vnto the enemy or vnto any other where it 〈…〉 be giuē 8 Of receiuing or protecting 〈…〉 ●●●●nger or suspected spie or supposed enemy into 〈◊〉 or any couert without making it knowne to the General or chiefe officer and without leaue from him so to do 9 Suspitious and priuily entring into the Campe Town or Fort or going out by any other waies and issues then those which are accustomed as ouer the Ramparts Pall●zadoes Trenches c. 10 Of doing any act or contriuing any practise which may preiudice the seruice of his Maiesty commanded for the good of the Colony by the Generall or chiefe Officer 11 Of breaking the Truce or peace at any time cōcluded with the Indian without leaue warrant expresly giuen by h●m who hath power so to doe 12 Of pillaging or violently forcing from any Indian to friend without leaue 13 Of ransacking ransoming or violently outraging and dispoiling the Country people or making war vpon them be it in body or goods vnles they be declared enemies warrant giuen to make prise of 14 Of laying violent hands on his Captaine or other superiour officer and generally vppon any one whatsoeuer to whom duty obedience is due especially if it be in the executing of his Office 15 Of him who shall see his superior or chiefe officer in danger and shall not doe his indeauour to rescue and relieue him with all his force and power 16 Of him who shall violently or hardly intreate or kill his souldier without good lawfull occasion or that he haue deserued so to be intreated not to satisfie his owne pleasure and appetite to punish in colour and reuenge thereby thinking to make himselfe more redoubted a braue man to be feared remembring well the life of a souldier or a laborer belongs to none to take away but to the Lord Generall Lieftenant General Marshal or their deputy or deputies 17 Of killing any one except it be in his own defēce 18 Of striking or fighting with an other man hauing a quarrell vnto him and not holding his or their hands when an officer or third party comes between and cries Holah 19 Of making debate raising question or laying his hand on his sword and drawing it in the Court of Guard in Ambush or other place where he ought to be modest peaceable silēt to keep himself in couert 20 Of assaying or indeuouring by brauery chiefly by trechery to outrage or iniury any one without a cause in deed or in words priuately behind his backe like a slie coward or openly to his face like an arrogāt russian since words are the parents of blowes from quarrels infinite disorders and mischiefes gather head whether in Campe Towne or Fort. 21 Of reuenging a new wrong or old iniury by any course contrary to the peace of the camp or Colony 22 Of running where any quarrell is a foote and companies gathered together furnished with other Armes then his sword 23 Of taking away any mony in brauery wonne from another or gotten by play otherwise without the will and consent of him from whom he wonne it or cheating or cosenage in play 24 Of not repairing to the place of Armes or Colors at the publique beating of the Drum 25 Of wilfully firing any place without order from the superior officer 26 Of sacriledge or taking any goods out of Churches or Temples be they sacred or prophane without licence from the chiefe commander 27 Of a souldier enrowling himselfe in two companies at one time 28 Of going out of one company into another without leaue of his Captaine 29 Of absenting himselfe from the Campe towne or fort without permission of a superiour officer 30 Of him that shall receiue his pay and shall go away without speaking a word it is a case capital and worthy of death 31 Of suborning souldiers the one from the other which is an euill example and which doth draw many inconueniences with it 32 Of quarrels debates and reuenge 33 Of failing to go or refusing to follow where his ensigne shall march or else where that he shall be commaunded by those who haue authoritie so to commaund without enquiring the cause 34 Of abandoning his ensigne without leaue or going from the place assigned him be it in fight in the court of guard Centinels or other part not brought of by those who placed him there or others hauing the same authority 35 Of a Souldier not doing his endeuour to recouer his ensigne if the enemie haue taken it 36 Of being wanting at his watch vpon his time appointed or of going of the Guard without leaue albeit vnder a colour of espie 37 Of being found sleeping in Centinell or of him who placed vpon some Guard or watch by his negligence hath giuen meanes to the enemie to doe some spoile in the campe towne or fort and to surprise them at vnawares 38 Of running away from the battell conflict or assault c. and of him that marcheth too slowly or maketh delaies in any other sort 39 Of a Souldier faining himselfe sicke when any seruice is to be performed 40 Of yeelding vnto the enemy a place