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A84101 Lawes and ordinances of warre, established for the better conduct of the army, by His Excellency the Earl of Essex, Lord Generall of the forces raised by the authority of the Parliament, for the defence of King and kingdom. Together with a declaration of the Lords and Commons in Parliament, concerning the regulating of great inconveniences in His Excellencies army. England and Wales. Army.; Essex, Robert Devereux, Earl of. 1591-1646. 1643 (1643) Wing E3315; Thomason E75_34; ESTC R15312 8,681 18

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Lawes and Ordinances OF WARRE Established for the better Conduct of the Army BY HIS EXCELLENCY The Earl of ESSEX Lord Generall Of the Forces raised by the Authority of the PARLIAMENT For the defence of KING and KINGDOM Together with a DECLARATION Of the LORDS and COMMONS in PARLIAMENT Concerning the regulating of great Inconveniences in His EXCELLENCIES Army LONDON Printed for John Partridge and John Rothwell 1643. ROBERT Earl of ESSEX Lord FERRERS of Chartley Bouchier and Lovain Captain Generall Of the Army raised by the Authority OF PARLIAMENT for the defence of KING and KINGDOME TO all the Officers of the Army Colonels Lieutenant-Colonells Serjeant-Majors Captains other Officers and Souldiers of Horse and Foot and all others whom these Laws and Ordinances shall concerne VVHich Laws and Ordinances hereby pulished all the said persons respectively and severally are required and commanded to observe and keepe on the Pains and Penalties therein expressed Lawes and Ordinances of Warre Of Duties to God Blasphemy I. 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 our Christian Faith upon pain to have his Tongue bored with a red-hot Iron Cursing II. Unlawfull Oaths and Execrations and scandalous acts in derogation of Gods Honour shall bee punished with losse of Pay and other punishment at discretion Neglecting Divine Worship III. All those who often and wilfully absent themselves from Sermons and publike Prayer shall be proceeded against at discretion And all such who shall violate Places of publike Worship shall undergo severe Censure Of Duties in generall Intelligence with the Enemy I. ALL such as shall practice and entertain Intelligence with the Enemy by any manner of means or slights and have any communication with them without direction from my Lord Generall shall be punished as Traitors and Rebels Relief of the Enemy II. No man shall relieve the Enemy with Money Victuals Ammunition neither harbour or receive any such upon pain of death Yeilding up of Ports III. Whosoever yeeldeth up any Town Fort Magazine Victuals Arms Ammunition or that motioneth any such thing but upon extremity and that to the Governour or in Councell shall be executed as a Traitor Carelesse Service IV. Whosoever shall be convicted to doe his Duty negligently and carelesly shall be punished at discretion Violating of a safeguard V. Whosoever shall presume to violate a Save-guard shall die without mercy Of Duties towards Superiours and Commanders Violating of the Lord Generall I. VVHosoever shall shall use any words tending to the death of the Lord Generall shall be punished with death Quarrelling with Officers II. No man shall presume to quarrell with his superiour Officer upon pain of Cashiering and arbitrary punishment nor to strike any such upon pain of death Departing from Captains and Masters Silence in the Army III. No Souldier shall depart from his Captain nor Servant from his Master without license though he serve still in the Army upon pain of death IV. Every private man or Souldier upon pain of Imprisonment shall keep silence when the Army is to take Lodging or when it is Marching or Imbattallio so as the Officers may be heard and their Commandments executed Resisting against Correction V. No man shall resist draw lift or offer to draw or lift his weapon against any Officer correcting him orderly for his defence upon pain of death Unlawfull Assemblies VI. No person shall make any mutenous assemblies or be present or assisting thereunto or in or by them demand their pay upon pain of death Resisting of the Provost-Marshall VII No man shall resist the Provost-Marshall or any other Officer in the execution of his Office or break prison upon pain of death Seditious words VIII None shall utter any words of sedition and uprore or muteny upon pain of death Concealing mutenous speeches IX A heavy punishment shall be inflicted upon them who after they have heard mutenous speeches acquaint not their Commanders with them Receiving of Injuries X. Whosoever shall receive an injury 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 Of Duties morall Drunkennesse I. 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 Unnaturall abuses II. Rapes Ravishments unnaturall abuses shall be punished with death Adultery III. Adultery Fornication and other dissolute lasciviousnesse shall be punished with discretion according to the qualitie of the offence Theft IV. Theft and Robbery exceeding the value of twelve pence shall be punished with death Provocation V. No man shall use reproachfull nor provoking words or acts to any upon pain of Imprisonment and further punishment as shall be thought fit to be inflicted upon enemies to discipline and service Seizing upon dead mens goods VI. No man shall take or spoile the Goods of him that dieth or is killed in Service upon pain of restoring double the value and arbitrary punishment Muther VII Murther shall be expiated with the death of the murtherer Of a Souldiers Duty touching his Arms. Full Armour I. ALL Souldiers coming to their Colours to watch or to be exercised shall come fully armed upon pain of severe correction Slovenly Armour II. None shall presume to appear with their Arms unfixt or undecently kept upon pain of arbitrary correction Loosing of Horses and Arms. III. If a Trooper shall lose his horse or Hackney or Foot-man nay part of his Arms 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 Pawning or selling of Armour IV. No Souldier shall give to pawn or sell his Armour upon pain of imprisonment and punishment at discretion and wheresoever any Armour shall be found so sold or pawned they shall be brought again into the Armie Wilfull spoiling of Horses V. 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 a Pioner Borrowed Arms. VI. If one borrows Arms of another to passe the Muster withall the borrower shall be rigorously punished and the lender shall forfeit his goods Imbezelling of Ammunition VII None shall presume to spoil sell or carry away any Ammunition delivered unto him upon pain of death Of Duty in Marching Waste and extortion I. None in their March thorow the Countries shall waste spoil or extort any Victuals
Officer under him shall have his place which he may pretend to be his right and it shall not be refused to him Carelesse Captaines VI. A Captaine that is carelesse in the Training and governing of his Company shall be displaced of his charge Officers out-staying their passe VII All Captaines or Officers that shall out-stay their Passe shall be punished at the Lord Generalls discretion All Officers bound to part quarrels VIII All Officers of what condition soever shall have power to part quarrels and frays or sudden disorders betwixt the Souldiers though it be in any other Regiment or Company and to commit the disordered to Prison for the present untill such Officers as they belong unto are acquainted with it And what Souldiers soever shall resist disobey or draw his Sword against such an Officer although he be no Officer of his Regiment or Company shall be punished with death Officers-non resident in Garrison IX A Captaine or Officer non-resident in the place assigned him for Garrison without license shall have one moneths pay defaulted for the first Office and two months for the second upon the third Offence he shal be discharged of his command Cashiering of Souldiers X. After the Army is come to the general Rendezvouz no Captaine shal cashier any Souldier that is enrolled without speciall Warrant of the Lord General Mustering of false and counterfeit Troops XI No Captaine of a Troop shall present in Musters any but reall Troopes such as are bound by their pay to follow the Troops upon paine of cashiering without mercy And if any Victualler Free-booter Enterloper or Souldier whatsoever of any Troop or Company shal present himselfe or his horse in the muster to mislead the muster-Master and to betray the service the same shall be punished with death Commissaries of victuals Ammunition must be true XII No Provider Keeper or Officer of Victuall or Ammunition shall imbezel or spoile any part thereof or give any false account to the Lord Generall upon pain of death Of the Duty of Muster-Masters Muster-Masters conniving at counterfeits 1. NO Muster-Master must wittingly let any passe in the musters but such as are really of the Troop or Company presented upon pain of death Captains must send a Roll of their men to the Lord Generall II. All Captaines shall cause their Troopes or Companies to be full and compleat and two dayes after the Generall mustering they shal send to the Lord Generall a perfect List or Roll of all the Officers of their Troopes and Companies and likewise of al the Troopers and Souldiers that are in actual Service putting downe distinctly on the head of each man his monthly Pay Every pay-day III. The like Roll or List shal the Captaines send to the Lord Generall and to the Treasurer of the Army upon every Pay-day during the Service with a punctuall expression at the bottome of the said Roll what new Troopers or Souldiers have beene entertained since the last Pay-day in lieu of such as are either deceased or cashiered and likewise the day whereon they were so cashiered and entertained Subscribed by al the officers of the Troop or Company IV. Which said List or Roll shal bee subscribed not onely by the Captaine and his Lieutenant and Coronet or Ensigne but also by the Sergeants and Corporals respectively who shal declare upon their Oaths That the Troopers and Souldiers and enrolled in the said List are real and actual Troopers and Souldier of the respective Troopes and Companies And whosoever shal be convicted of falshood in any of the premises shal be cashiered Muster-masters must use no other Rols V. No Muster-master shal presume to receive or accept of any Roll to make the musters by but the forementioned Rols upon pain of the losse of his place and other punishment at discretion Counterfeit names in the Rolls VI. No man shal presume to present himselfe to the muster or to be inrolled in the Muster-Rolls by a counterfeit name or surname or place of birth upon pain of death Of Victuallers Victuallers issuing naughty Victualls I. NO Victuallers shal presume to issue or sell unto any of the Army unsound unsavoury or unwholsome Victuals upon pain of imprisonment and further arbitrary punishment No Souldier must be a Victualler II. No Souldier shal be a Victualler without the consent of the Lord General or others authorized upon pain of punishment at discretion Unseasonable hours kept by Victuallers III. No Victualler shal entertaine any Souldiers in his House Tent or Hutt after the Warning-piece at night or before the beating of the Ravalee in the morning IV. No Victualler shal forestal any Victualls nor sell them before they be appraised by the Marshal Generall upon severe punishment Of administration of Iustice Summary proceedings I. ALL controversies betweene Souldiers and their Captaines and al others shal be summarily heard and determined by the Councel of War except the weightinesse of the cause require further deliberation The Provost-Marshal must look to his prisoners II. No Provost-Marshall shal refuse to keepe 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 party dismissed Goods of the destinct III. The Goods of such as die in the Army or Garrison or be slaine in the service if they make any Will by word or writing shal be disposed of according to their Will If they make no Wil then shall go to their Wives or next Kin. If no Wife or Kindred appeare within a yeere after shal be disposed of by the appointment of the Lord Generall according to the Lawes Civil and Military Civill Magistrates imprisoning Souldiers IV. No Magistrate of Town or Countrey shal without license imprison any Souldier unlesse for capitall Offences For debts and other small offences V. In matters of debts or trespasse or other inferiour cases the Magistrate shal acquaint his Captaine or other chief Officer there with who is to end the matter with the consent of the complainant or to leave the party grieved to take his remedy by due course of Law And if the Officer faile of his duty therein the Lord Generall upon complaint of the party grieved will not only see him righted but the Officer punished for his neglect in this behalf Braving the Court of Justice VI. No man shall presume to use any braving or menacing words signes or gestures while the Court of Justice is sitting upon paine of death Receiving of Run-awayes VII No inhabitant of City Towne or Countrey shall presume to receive any Souldier into his service or conceale or use meanes to convey such Run-awayes but shall apprehend all such and deliver them to the Provost-Marshall Detecting of Offenders VIII All Captaines Officers and Souldiers shall doe their endeavours to detect apprehend and bring to punishment all Offenders and shall assist the Officers of the Army for that purpose as they will answer their slacknesse in the Marshalls Court Offences whatsoever to be punished by the Laws of War IX All other Faults Disorders and Offences not mentioned in these Articles shall be punished according to the generall Customs and Laws of War And to the end that these Lawes and Ordinances be made more publike and knowne as well to the Officers as to the Common Souldiers every Colonell and Captaine is to provide some of these Bookes And within a short time after that the Army shall come to the generall Rendevouz these Lawes in every severall Regiment in the presence of all the Officers are plainely and distinctly to be read by the Marshalls of the severall Regiments assisted by the Marshall Generall in the Horse Quarters by sound of Trumpet and amongst the Foot by beat of Drum And weekly afterwards upon the pay day every Captaine is to cause the same to be read to his owne Company in presence of his Officers And also upon every main Guard the Captaine is to doe the like that none may be ignorant of the Lawes and Duties required BY vertue of the Authority given me by the Ordinance of the Lords and Commons in Parliament I command these Ordinances to be observ d and obeyed in the Army And by these Presents give order that the same shall be forthwith Printed and published Given under my Hand ESSEX A Declaration of the Lords and Commons Assembled in Parliament Concerning the great Inconveniences in His Excellencies Army WHereas it is found That great inconveniences have ensued for want of a strict and severe Discipline to have been observed in the Army now raised by Authority of Parliament under the Command of Robert Earl of Essex and for that the Laws and Ordinances by him set forth for the Government of the said Army have not been put in execution It is now Ordained and Declared by the Lords and Commons in Parliament assembled That from henceforth the Officers and Souldiers of the said Army may not expect any further forbearance of such punishments to be inflicted on them for any their offences as shall be due unto them by the said Laws and Ordinances But that the Lord Generall may and ought to punish them by death or otherwise according to their demerits Ordered by the Lords and Commons in Parliament That this Declaration be forthwith Printed and published Hen. Elsynge Cler. Parl. D. Com. FINIS