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A49784 Lawes and ordinances of warre established for the better government of the armie in the northern parts by His Excellence, the Earle of Holland, Lord Generall of His Majesties armie. England and Wales. Army.; Holland, Henry Rich, Earl of, 1590-1649. 1641 (1641) Wing L694A; Wing H2420; ESTC R18178 6,109 24

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DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE LAWES AND ORDINANCES OF WARRE Established for the better government of the ARMIE in the Northern parts By His EXCELLENCE The Earle of Holland Lord Generall of His MAJESTIES ARMIE LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1641. DITIOR EST QVI SE HONI SOIT QVI MAL Y PENSE HENRY Earl of Holland Baron of Kensington first Gentleman of His Majesties Bed-chamber Chief Iustice and Iustice in Eyre of all His Majesties Forrests Chases Parks and VVarrens on this side Trent Chancellour of the Vniversity of Cambridge Constable of the Honour and Castle of VVindsor Knight of the most Noble Order of the Garter One of His Majesties most Honourable Privie Councell and Captain Generall of His Majesties Armie To all Officers of the Armie Colonels Lieutenant-Colonels Sergeant-Majors Captains other Officers and Souldiers of Horse and Foot And all His Majesties Subjects and others whom these Laws and Ordinances ensuing shall concern VVhich Laws and Ordinances hereby published all the said persons respectively and severally are required and commanded to swear unto and to observe and keep on the pains and penalties therein expressed ❧ Lawes and Ordinances of VVarre 1 Blasphemy FIrst let no man presume to blaspheme the holy and blessed Trinitie God the Father God the Son and God the holy Ghost nor the known Articles of Christian Faith Upon pain to have his tongue boared with a red-hotiron 2 Cursing Unlawfull oathes and execrations and scandalous acts in derogation of Gods honour shall be punished with losse of pay and other punishments at discretion 3 Profaning of Churches In the same manner shall be punished all those who abuse and profane places and utensils dedicated to Gods publike worship or wrong his Ministers 4 Neglecting of divine Service All those who often and wilfully absent themselves from Sermons and Morning and Evening prayer shall be proceeded against at discretion 5 Traiterous words No man shall use any traiterous words against his Majesties sacred person or Royall authority upon pain of death 6 Carelesse service Whosoever shall be convicted to do his Majesties service negligently and carelesly shall be punished at discretion 7 Violating of sa●eguard Whosoever shall presume to violate his Majesties saveguard shall die without mercy 8 Violating of the Lord Generall Whosoever shall use any words tending to the life or dishonour of the Lord Generall shall be punished with death 9 Quarrelling with officers No man shall presume to quarrell with his superiour Officer upon pain of casseering and arbitrary punishment nor to strike any such upon pain of death 10 Departing from Captains and Masters No Souldier shall depart from his Captain nor Servant from his master without licence though he serve still in the Army upon pain of death 11 Silence in the Army Every private Man and Souldier upon pain of imprisonment shall keep silence when the Army is to take lodging or when it is marching or imbattayling so as the Officers may be heard and their commandments executed 12 Resisting against correction No man shall resist draw lift or offer to draw or lift his weapon against an Officer correcting him orderly for his offence upon pain of death 13 Unlawfull assemblies No persons shall make any unlawfull Assembly or be present or assisting thereunto or in or by them demand●●● 〈◊〉 pay upon pain of death 14 Resisting of the Provost-Marshall No man shall resis● t●● Provost-Marshall or any other Officer in the execution of his office or break prison upon pain of death 15 Seditious words None shall utter any words tending to sedition and uproar or mutinie upon pain of death 16 Concealing of mutinous speeches The same punishment shall be inflicted upon them who after they have heard mutinous speeches acquaint not their Commanders with them 17 Revenging of injuries Whosoever shall receive an injurie and shall take his own satisfaction shall be punished by imprisonment and as it shall be thought fit by the Marshall-Court But he that is injured shall be bound if he do not forgive the injury to seek reparation by complaint to his Captain or Colonell or other superiour Officer and it shall be given him in ample manner 18 Drunkennesse Drunkennesse in an Officer shall be punished with losse of place In a common souldier with such penalties as a Court-Marshall shall think fit 19 Provocation No man shall use reproachfull or provoking words or acts to any upon pain of imprisonment and such further punishment as shall be thought fit to be inflicted upon enemies of discipline and service 20 Seazing on dead mens goods No man shall take or spoil the goods of him that dieth or is kild in service upon pain of restoring double the value and arbitrarie punishment 21 Full armour All souldiers coming to their Colours to watch or to be exercised shall come fully armed upon pain of severe correction 22 Slovenly armour None shall presume to appear with their Armes un-fix or undecently kept upon pain of arbitrary correction 23 Losing of horses or Arms. If a Trooper shall lose his Horse or Hackney or a Foot-man any part of his Armes by negligence or lewdnesse by dice or cards He or they shall remain in qualitie of Pioners and Scavengers till they be furnished with as good as were lost at their own charge 24 Pawning of Arms. No Town or Countrey-man shall presume to buy or take to pawn an Horse or Armes or furniture of Tents and Hutts of any Souldier upon pain of forfeiting the double value thereof and to be punish'd at discretion And the Souldier giving them to pawn shall suffer a severe punishment 25 Wilfull spoiling of horses If a trooper shall spoil his Horse willingly of purpose to be rid of the service he shall lose his horse and remain in the camp for Pioner 26 Borrowed Arms. If one borrows Arms of another to passe the Muster withall the borrower shall be rigorously punished and the lender shall forfeit his goods 27 Imbeazeling of ammunition None shall presume to spoil fell or carry away any ammunition delivered unto him upon pain of death 28 Waste and extortion None on their march thorow the Countreys under his Majesties obedience shall waste spoil or extort any victuals money or pawn from any subject upon no pretence of want whatsoever but shall pay for their meat and drink the usual rates upon pain of death 29 Taking of horses out of the Plough No souldier shall presume upon no occasion whatsoever to take an horse out of the Plough onto wrong the husband men in their persons or cattell or goods upon pain of death 30 Scraggling from the Colours No souldier either horse or foor shall presume in marching to straggle from his troup or company or to march out of his rank upon pain of death 31 Spoiling of trees No souldier shall presume in marching or lodging to cut down any fruit-trees or to
have been entertained since the last pay day in lieu of such as are either deceased or casseer'd and likewise the day whereon they were so casseer'd and entertain'd 64 Subscribed by all the Officers of the Troop or company Which said list or rol shall be subscribed not onely by the Captain his Lieutenant and Cornet or Enseign but also by the Sergeants and Corporals respectively who shall declare upon their oaths that the Troopers and Souldiers inrolled in the said List are reall and actuall Troopers and Souldiers of the respective Troopes and Companies And whosoever shal be convicted of falshood in any of the premisses shall be punished with death 65 Muster-masters must use no other rolls No Muster-master shall presume to receive or accept of any roll to make the Musters by but the fore-mentioned rolls upon pain of the losse of his place and other punishment at discretion 66 Counterfeit names in the rolls No man shall presume to present himself to the Muster or to be inrolled in the Muster-rolls by a counterfeit name or surname or place of birth upon paine of death 67 Victuallers issuing naughtie victuals No Victualler shall presume to issue on sell unto any of the Army unsound unsavourie or unwholsome victuals upon pain of imprisonment and further arbitrary punishment 68 No Souldier shall be a victualler No Souldier shall be a Victualler without the consent of the Lord Generall or others authorized upon pain of punishment at discretion 69 Unseasonable hours kept by victuallers No Victualler shall entertain any Souldiers in his house tent or hutt after the warning peiece at might or before the beating of the Ravalee in the morning 70 Summarie proceedings All controversies between Souldiers and their Captains and all others shall be summarily heard and determined by the Councell of Warre except the weightinesse of the cause require further deliberation 71 The Provost Marshal must look to his prisoners No Provost-Marshall shall refuse to keep a prisoner committed to his charge nor dismisse him being once received upon pain of being liable to the same punishment which should have been inflicted upon the partie dismissed 72 For debts and small offences In matters of debt or trespasse or other inferiour causes the Magistrate shall not lay hands upon any Souldier but shall acquaint his Captain or other chief Officer therewith Who is to end the matter with the consent of the complainant or to leave the partie grieved to take his remedie by due course of Law And if the Officer fail of his dutie herein the Lord Generall upon complaint of the partie grieved will not onely see him righted but the Officer punished for his neglect in this behalf 73 Braving the Court of justice No man shall presume to use any braving or menacing words signes or gestures while the Court of justice is sitting upon pain of death 74 Detecting of offenders All Captains Officers and souldiers shall do their endeavours to detect apprehend and bring to punishment all Offendors shall assist the Officers of the Army for that purpose as they will answer their slacknesse in the Marshals Court. Of the Souldiers Oath All Souldiers that are really and actually in his Majesties service shall take this ensuing Oath I Promise and swear to be true and faithfull to my Soveraign Lord King CHARLES To obey my Lord Generall and the Commanders and Officers under Him To observe the Laws and Ordinances of VVarre established by Him To continue in the service or to Disband according as I shall be commanded with all quietnesse of behaviour and obedience As God shall helpe me ALL which Lawes and Ordinances are to be read plainly and distinctly by the Captain or other Chief Officer to his own Companie at least once a week And the Oath shall be administred in the respective quarters by the Sergeant Major Generall assisted by the severall Officers of each Regiment In the Horse-quarters by sound of Trumpet and amongst the foot by beat of Drum FINIS