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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A11654 Articles of militarie discipline Scotland. Army. 1639 (1639) STC 21904.5; ESTC S100228 8,771 18

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be holden for a mutiner No Colonell or Captaine shall lend any of their Souldiers unto another upon the musterdays for the making up of their numbers compleat he that thus makes a false muster shal answer it at a martiall court where being found guilty he shall be proclaimed a deceaver after which being put out of the quarter his Colours shall flee no more If any horsman borrowes either horse armour pistols sadle sword or harnise to passe the muster withall so much as is borrowed shal be eschited and both himself and he that lent it him shall be turned out of the leaguer the one half of the armes forfaulted shall go unto the Captaine and the other half unto the Perforce Of marching XIII When any march is to be made every man that is sworn shal follow his colours whosoever presumes without leave to stay behinde shal be punished If any upon mutinie be found to do it be they many or be they few they shall die for it Every man is to keep his own rank and file upon the march and not to put others from their ordour nor shall any man cast himself behinde or set himself upon any wagon or horseback The offenders to be punished according to the time and place Of watching XIV He that after warning is given by sound of Drum or Trumpet for setting of the watch doth wilfully absent himself without some lawfull excuse shall be disgraced and be put to bread and water or some such punishment as the matter is of importance He that is taken sleeping upon the watch to the indangering of the armie shall be shot to death In like sort shall he be punished who drinks himself drunk upon his watch or place of sentinell that he cannot do his dewty or that cometh off his watch where he is commanded to keep his guaird Of unlawfull reteiring XV. Whatsoever regiment shall once charge the enemie and then retire afterward from them before they come to dint of sword shaIl answer it before the high martiall court and if this be occasioned by any officer he shall be publickly disgraced and turned out of the leaguer If the fault shall be found to be in the Souldiers then shall every tenth man be hanged and the rest condemned to carry all the filth out of the leaguer till by some exploit they procure their pardon and recover their reputation provided alwaies if at the first any man can by the testimony of sufficient witnesses prove himself not guilty of the couarddice he shall go free If any occasion be to enter any strength or sconce by assault or breach he who reteires from the place before he hath been at handy blows with the enemy hath used his sword so far as it is possible for him to do service with it and before he be by maine strength beaten off by the enemy shall be so punished as the court shall finde him to have deserved Of fleeing and couarddice XVI Whosoever runs from his Collours and doeth not defend them to the uttermost of his power so long as they be in danger shall suffer death for it When any occasion of service is he that first runs away if any man kill him he shall be free and if at that time he escape and be apprehended afterward he shal be proclaimed traitour put out of the quarter Whatsoever ensigne-bearer shall flee out of any place of Battrie sconce or redoubt before he hath indured three assaults and receives no relieif shall be in like manner punished providing alwayes the place be defenceable If any regiment troup or companie shall flee out of the field or battell they shall answer for it before the high court and if there it can be proved to have broken their oath they shall be proclaimed traitours Of treating with the enemie XVII Whatsoever regiment troupor companie shall be found to treat with the enemie or to enter in any conditions with them without knowledge and leave of the Generall or chief commander in his absence the officer shall be put to death for it and all his goods confiscated of the Souldiers every tenth man shall be hanged and the rest punished as is a foresaid But if any that then were in companie of such can free themselves from being partakers of the crime and can prove that they did their best to resist it then shall they be rewarded according to their truth and faithfulnesse Whosoever gives advice unto the enemy any manner of way or keeps any discourse with him without leave of the Generall or giveth unto him any private intelligence by letters or otherwaies or maks any signe unto him for his advantage shall die for it Of giving up of strengths XVIII They that give over any strength to the enemy unlesse it be for extremity of hunger or want of amunition the governour with all the officers shal die for it All the Souldiers be lodged without the quarter and be made to carry all the filth out of the leaguer till by some new proof of their worth they blot away the former cowardice Of mutinie XIX If any numbers of Souldiers shal without leave of their Captaine assemble together for raking mutinous counsell amongst themselves so many inferior officers as be in company with them shal suffer death and the Souldiers be so punished as they that give up any strength And whatsoever Captaine shall permit unto his Souldiers to hold any such meetings amongst themselves shall answer it before the high court of justice If any shall fall in quarrelling and fighting and shal call for help of his friends or familiars with intention to be revenged or to defend himself he shall suffer death for it and they that come to help him shall be punished like mutiners He also shall be reckned for a mutiner who shall not be content with that quarter or place that shall be assigned him whither in a town or in the leaguer The keeping of armes XX Whosoever casts his arms from him either in the field or other where shall be scourged through the quarter disgraced as before til he redeem his credit He that sels or enpawnes his armes or any kinde of amunition or any spades shools picks other the like necessary instruments used in the field shal be for the first and second time beaten through the quarter and for the third time punished as for other thift He also that buyes or taks them upon pawne be he Souldier or be he victualer he shall both loose his money and be punished as he that sold them He that wilfully breaks any of his armes or instruments aforesaid shall not only pay for the mending of them but shall be put to bread and water and shal be punished otherwise at the discretion of the court Against fire XXI No man shal presume to set on fire any town or village in the land or camp if any doeth he shall be punished