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A08104 Lawes and ordinances touching military discipline Set downe and established the 13. of August. 1590. Translated into English by I. D.; Articulbrief ofte ordonnantie op de discipline militaire. English United Provinces of the Netherlands. Staten Generaal.; Huygens, Christiaan, 1551-1624.; I. D., fl. 1631. 1631 (1631) STC 18463; ESTC S120998 7,378 13

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shal bee hanged XXIII Whosoever shal take any Cattaile or beasts within the landes that lye vnder the obedience of the Generality shal bee punished as a Theife XXIIII He that in marching by lande towardes the fielde or in retourning thence shal forsake his Colours or Cornet shall without any mercy be punished with death XXV And whosoever not being visited with manifest sicknes and thesame knowne to his Cap. or Commaunder shal keepe along with the baggage or ryde on the waggons shal be disarmed before the whole Company and then banished without money or pasport XXVI If any shal neglect his watch or other service committed vnto him he shal be punished with death XXVII If any souldiour shal be founde sleeping on his sentinel he shall without any mercy be punished with death XXVIII Whatsoever souldiour shal eyther by day or night departe from his sentinel where he hath bene placed by his Corporall vnles he be called thence or relieved by the said Corporall shall receive punishment of death without any mercy XXIX None shal declare or make knowne the watch-word to the enemy or any other nor give any other worde then is given him by the Officer on payne of death XXX Whosoever shal absent himselfe out of the Courte of garde above two houres in the day tyme or any with in the night without his Corporals leave shal be punished with death XXXI None shal without lawful cause rayse any tumult or alarme nor discharge a piece by night nor make any noyse nor doe ought els where by the same may growe without cause on payne of death XXXII He that shall presume within the Campe Quarter or place where he lyeth in garnison as also after the watch is set to drawe his weapō shall forfeict his lyfe as also yf he do it out of the Camp Towne or place without leave of his Officer XXXIII He that shall stryke any man with his sworde vndrawne or with a cudgel stone or otherwyse that bloude followe shal loose his hande XXXIIII He that shal give any one a boxe on the eare shal in presence of the Company take the lyke boxe agayne of the party so wronged and besydes be disarmed and banished the Company XXXV No souldiours shal without order from their Chiefs Captaines or Commaunders hold any common meeting or gathering together bee it to demaund money or ought els nor yet be present at such assemblies on payne of death Provyded always that such Capt. or Commaunders as shal suffer the same to happen at vndue seasons and in vnlawfulwise shall for an example to others bee punished with death before all the souldiours XXXVI If any shall call for money as they are marching in the face of the ennemy or vpon any enterprise they shal receive punishment of death without any mercy XXXVII Iff yt chance that the Monethly entertainement bee not payed on the very day or that it cannot bee sent vnto the souldiours for some cause be it through any hinderance of the enemy or otherwise none shall therefore make any tumult or speake seditious wordes or seeke to force his Captaine to the payment thereof neyther yet any whit the lesse discharge and haue care of his marches and watches but contenting him selfe with a reasonable loane vntil the money become or maye come shall fully performe the dutie required of a good souldiour And whosoever doth the contrarie or accompanieth those that doe it shal be punished with death XXXVIII No Captaines Lieutenants or Ensignes shal departe out of the place where their Companies lye in garnison whether it bee to solicite for payment of their said Companies or for their owne busines without leave of their Commaunder or Governour on payne of death XXXIX He that shal in anie quarrell fight or otherwise call those of his nation to helpe or gather an assemblie shal be hanged XL. He that shal be found by day or night out of the campe or place besieged without his Captaines leave shal be punished with death XLI Whosoever shal goe on fre-booting and commit spoyles extorsions and theft shal be hanged XLII If one souldiour chalenge another into the fielde without leave from him that commaundes in that quarter hee shal be punished with death XLIII If any Corporal or other commaunding the watch shall suffer towe souldiours to goe foorth to fighte he shall without mercy be punished with death XLIIII Any souldiour being wronged by worde or deede he shall repayre to him that commaundes in the quarter who after the hearing of both partyes shall cause satisfaction of the wrong to be made vnto the party interessed with bare heade and in presence of the whole watch And yf he finde cause shal also disarme the wrongdoer and banish him out of the Company XLV And yf there bee no witnes of the quarell then shall the sayde Commander cause the partyes to agree in his presence whereto yf they will not condescende then both or hee that denyes it shal be disarmed and banished out of the Company XLVI Whatsoever souldiour or Commaunder shal goe out of the camp Towne or fort or enter thereinto by any other way then at the ports and and ordinary entrances shal be hanged XLVII If any souldiour shall refuse the commaund of his Cap. or any other who commaundes over him in the seruice of the States General and not performe thesame hee shal be punished with death as hee like wyse shal who transgresseth any off the Generals commaundements published by sound of dromme or trompet XLVIII At the sounding of any alarme every one shall resorte to his Ensigne or Cornet and whosoever comes not thither vnlesse it be on apparant necessitie or runnes to an other place without consent and speciall order from his Commaunder or comes not so soone as his Ensigne shal be punished with death XLIX Every souldiour shal ayde and defende his Coulours by day and night and on the first warning repayre vnto them not departing thence vntill it bee brought into a place of safety on payne of death L. If any shal depart out of the order or rancke wherein he is placed vnlesse it bee on necessary occasions and that he hath therewith acquaynted his Officer hee shal bee punished with death LI. Hee that shall first beginne to flye in a battaile or assault may lawfully be slayne thereupon by any one And yf he escape hee shal bee declared a villayne and receive punishment of death without mercy LII None that is appoynted to the defense of any breach trenche or skonce bee it Cap. or Souldiour shall willingly forsake the same or through any false or couloured occasions or excuses absent himselfe from thence without sufficient order or warrant allowed by the Councel of warre on payne of death LIII None shal surrender or deliver to th' enemy any place the keeping whereof is commitred vnto him on payne of death LIIII Likewyse none shal runne from his quarter in a besieged place cry for composition or speake thereof bee
vnwilling to fighte labour or defende their quarter or make others vnwilling therevnto or doe ought els in such a place whereby the defense thereof may be hindered on payne of death without any mercy LV. If any man runne away to th' enemy or in such his flight bee taken by th' enemy hee shal be punished with death LVI No Captaines shall seduce or intyce away each others Souldiours on payne of death LVII Whosoever shal by word or deede busy himselfe with the Sergeant Maior doing his office bee hee Captaine or Souldiour shal without mercy be punished with death As he also shal who wil not content himselfe with that quarter or lodging whereto he shal be appoynted by the Quartermaster or Furrier or who will disturbe another man in his place LVIII If any souldiour having the wacth shal come to his Colours not fully armed to march with the rest vnto the watch he shall for the first tyme bee kept three dayes at breade and water the second disarmed and banished for three Moneths out of the Company and the third tyme suffer death LIX Every one of what condition soever he bee shall foorthwith or before the evening bring before him that commaundes in the quarter al such prisoners as shal be taken of th' enemy on payne of forfeicting the sayde prisoners and to bee punished besydes with death LX. And yf any shall take prisoner a Generall Commaunder or other man of accompt of th' enemy he is foorthwith to present or cause to bee presented the sayd prisoner vnto the States generall or Councell of State and with-all to deliver him over as also whatsoever other prisoners they wil take to thēselves receyving therefore a reasonable rewarde according to the quality and ability of the prisoner provyded that it exceede not the somme of 5000. gilderns And so the sayd prisoner shal be at the disposing of th'aforesayd States and he that tooke him pretende no farther interest in that behalfe LXI Likewise none shal kil any prisoner or set his ransome or after the payment of the sayd ransome suffer him to departe without leave of the General or him that commaundes in the quarter on payne of being disarmed and banished out of these Countreys LXII And yf any prisoners bee founde walking along the Campe or place of garnison without leave of the General or him that commaundes there he to whom the prisoner belongeth shall forfeicte him to those who shal first lay handes on the sayd prisoner LXIII Concerning lawful pryzes whosoeuer bring in the same shall acquaynte therewith the Generall or him that commaundes in the quarter within three houres after their retourne to th' ende they may bee accordingly registred on payne of forfeicting thesame and to be besydes punished on the bodie LXIIII. Whosoever shal haue gotten any thing vpon the enemy and giveth not notice thereof as aforesayde that it may be registred and after solde in the Campe or place of garnison but shall sel or cause it to bee solde in the places or townes neare therevnto shall without any mercy bee punished with death to th' ende that better order be held in all and no man wronged in his righte LXV When a souldiour shall have done any offense or faulte his Captaine shal be bounde on payne of three moneths suspension from his charge to deliver the sayd souldiour into the Generals handes or his that commaundes in the quarter who with the Captames Lieutenants and Ensignes then present shal vpon th'information which hee shal cause to be taken thereof judge according to these orders and lawes LXVI He that is droncke on his watch-day shal be cassiered and banished out of the Company LXVII Item yf any one drincke himselfe druncke and in his drunckennesse commit any ill or ought forbidden hee shal not thereby bee excused but so much the more sharpely punished LXVIII If any Cap. or souldiour shall refuse the muster or reviewe hee shal be cassiered LXIX None shal at the muster let himselfe be entred by a changed or other name then his owne nor passe muster with a borrowed horsse or armes neyther shal any on the musterday lende the like on payne of being disarmed and banished out of the Company LXX None shal let himselfe be entred or muster vnder towe Companis on payne of death LXXI None shal diminisch or pawne his armes which are appointed him by his Captaine on payne of being disarmed and banished for sixe moneths out of the Company LXXII None shal likewyse take or pawne any souldiours armes on payne of loosing double the worth of the pawne LXXIII None shal play away or quyte his armes but keepe thesame alwayes cleane and serviceable on payne of being cassiered out of the Company without pasport LXXIIII None shall by cousenage get away his fellowes provisions victuals or armes on payne of being disarmed and banished for three moneths out of the Company or els besydes of sustaining corporal punishment according to the quality of th'offense LXXV He that shal presume to set vpon a Commissary of the musters or wrōg him either in word or deede shal be punished with death LXXVI If any Captaine give his souldiours lesse then the pay allowed him by the States he shal be disgraded LXXVII If any souldiour proffer to drawe his weapon against his Chief or Commaunder he shal be punished with death LXXVIII If the Provost or his Officers apprehende one or more souldiours none of what degree soever shall oppose himselfe thereagainst or reskewe or attempt to reskewe the sayd prisoners on payne of death LXXIX Furthermore no Officer nor Gentleman of any Company of horsse or foote nor any common souldiour shal victuaile in any Camp without the Generals special consent on payne of being disarmed LXXX Likewyse al Victualers that victual in the Campe shal be subject to th' aforesaid articles and the Councel of warre there being on the penalty here in contayned and shall not draw any wyne or beere for any one in the evening an houre after the Sunnes setting or in the morning asmuch before the rysing thereof on payne of forfeicting 3 gilderns for every tyme they shal be founde to have done so the sayd forfeict to be converted th' one halfe to the Provosts behoofe and th' other to the reliefe of the poore LXXXI Al other abuses and offenses not specifyed in thse Orders shal be punished according to the ordinances lawes and customes of the warre LXXXII And yf any souldiours should not bee present at the proclayming of these orders and lawes they shall notwithstanding bee asmuch bounde to th'observation of them as the other who were present But to th' ende none may pretende ignorance and every one have notice thereof the States generall have given order that thesame shal bee every where published on the muster-day and charged the Commissaries to cause all the souldiours to sweare accordingly therevnto THus done and decreed at Arnhem after sundry conferences had herevpon with the chiefest Commaunders of these vnited Provinces It being farther appoynted that these orders and lawes shal be published both in the Campe and wheresoever els it shal be meete and requisite and that at every muster the Commissaries shal reade and propound the same agarne vnto the Companies The 13. of August 1590. By order of the Councell of State Chr. Huyghens