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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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DIEV ET MON DROIT 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 Imprinted at Newcastle by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1639. Lawes and Ordinances of VVar. SIR THOMAS HOVVARD Chiefe of he Howards Earle of Arundel and Surrey First Earle and Earle Marshall of England Lord Howard Mowbray Brews of Gower Fitz-Allen Clan Oswaldesty Maltravers and Graystock Chiefe Iustice and Iustice in Eyre of all his Majesties Forests Parks and Chaces beyond Trent Lord Lieutenant of the Counties of Norfolk Sussex Surrey Northumberland Cumberland and Westmerland Knight of the most noble Order of the Garter One of his Majesties most Honourable Privie Councell in all his Majesties Kingdomes of England Scotland and Ireland and GENERALL of all his Majesties Forces in the present Expedition for the defence of this Realme c. To all Officers of the Army Colonels Lieutenant-Colonels Sergeant-Majors Captains Lieutenants Ensignes and all other Officers and Souldiers of Horse and Foot And to all his Majesties Subjects and others whom these LAVVES and Ordinances of Warre shall concerne VVhich LAVVES being thus ordained and proclaimed in the Army all the said Persons respectively and severally are to swear unto and thereafter to observe and keep upon the pains and penalties to the LAVVES and Ordinances severally expressed Concerning Religion and breach of Morall duies FIRST Whosoever shall impiously blaspheme the Deity or ay of the blessed Persons of he holy Trinity and be lawfully convicted thereof shall for the first offence make a publique acknowledgement with detestation of his fault before the Preacher or his Regiment and all others present at the time and place of Divine Service and be kept three dayes in prison with bread and water The second time he shall have a red hot iron thrust thorow his tongue and after that be ignominiously for ever turned out of the Armie 2. The like penalty shall they incurre for the first and second times who shall either do or say ought in despite or derision of Gods word any known or received Article of Faith or the Ministerie of holy Church and their Office 3 Whosoever shall be convicted for a common Swearer or Curser or for a profane abuser of holy Scripure in vain jesting or scurrilous fashion shall orfeit such a proportion of his entertainment and suffer besides so long imprisonment or other punishment as according to the quality of the person or offence the Court of war shall adjude it to have deserved 4 Likewise shall they be punished that profane rob or ab●● any Church Chappel or other place of Gods ublike worship or any thing that is in them or belonging to them 5 All Commanders and Officers of the Army are straightly ●●arged that in their severall Regiments Quarters and Garrisons they take care that God Almighty be duly served the Lords day with other Holy dayes of the Church more reverently observed that Morning and Evening prayers with the Sermons at the appointed times be diligently frequented by themselves their souldiers and servants so far forth as the necessitie of the wars will permit And that all repair to the places appointed for Divine Service upon solemne warning given for it by sound of Drum or Trumpet 6 And forasmuch as gaming is oft times the provocation unto swearing quarrelling neglect of militarie duties with other dishonours of God Almightie losse to the souldiers with danger to the whole Armie all common playing at dice and cards with other unlawfull games are utterly hereby forbidden to the souldiers especially to the meaner sort who if they bee convicted to offend herein shall befirst admonished and if they leave not they shall be fined imprisoned or otherwise severely proceeded against according as the offence and scandall of it shall deserve 7 All suspitious and common women shall bee turned out of the Armie or Garison so soone as ever they shall be discovered Where if they be taken the second time they shall be soundly whipped like common strumpets Souldiers also that frequent their companies shall bee fined and imprisoned and Officers for the same faults shall utterly lose their places 8 All wilfull murders rapes burning of houses thefts outrages unnaturall abuses with other notorious and abominable crimes shall be punished with death 9 Whosoever shall dishonestly touch any married or unmarried woman women in childbed or children shall be cashiered without money or pasport or be otherwise punished as the Marshall court shall thinke fitting 10 Whosoever shall be drunk in Camp Garrison or Quarter shall be imprisoned and fed two whole daies with bread and water As for common drinkards they shall be fined and cashiered the Armie without pay or pasport 11. Whoever being set Sentinell by his Officer or in his Watch Guard March or other Service shall be found drunk shall dye for it 12 Whoever in his drunkennesse shall commit any outrage or doe other injurie shall be punished both or his drunkennesse and offence according as either of them shall in a Marshall court be judged to have deserved 13 No enterprise shall be taken in hand but the Company that are to execute the same shall first commend themselves to God and pray to him to grant them good successe Concerning the safety of the Armie Royall and of the Kingdome FIrst Whoever in savour of the enemy or other pretence whatsoever shall presume to say or secretly insinuate to any that his Majesties Forces or Army Royall is unlawfull or not necessary shall suffer as an enemy and rebell 2 All that conspire against our sacred Soveraigne Lord King Charles or any of his Majesties dominions or countries As likewise against the Lord Generall or other Generalls Governours or Commanders in the Armie or Garrison or that shall goe about to betray the same or any part or person of them or that shall consent thereto or conceale them shall suffer death without mercy 3 All such as by discourse signe letter or otherwise shall practise and entertaine intelligence with the Enemy Rebels or others in action against his Majesty without direction from their Commanders shall be punished as Traytors and Rebels 4 No man shall assist or relieve an enemie with money victuals munition or other necessaries upon paine of death without mercy 5 Whosoever shall begin or maintaine any mutiny or unlawfull assembly in the Army or Garrison shall die for it 6 Whosoever yeeldeth up any Towne Fort or other strength unto the enemie as likewise any Magazine Victuals Armes or Ammunition or that motioneth any such matter but upon extremity and that to the Governour or in
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