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A38655 Laws and ordinances of warre, extablished 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 : and now inlarged by command of His Excellency. England and Wales. Army.; Essex, Robert Devereux, Earl of, 1566-1601. 1643 (1643) Wing E3316; ESTC R11439 9,114 33

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Laws 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 And now inlarged by command of HIS EXCELLENCY And Printed by his Authoritie LONDON For Luke Fawne 1643. ROBERT Earl of Essex Viscount Hereford Lord Ferrers of Chartley Boucheir and Lovain Captain Generall Of the Army raised by the Authoritie of PARLIAMENT for the defence of KING and KINGDOM TO all the Officers of the Army Colonels Lieutenant-Colonels Serjeant-Majors Captains other Officers and Souldiers of Horse and Foot and all others whom these Laws and Ordinances shall concern Which Laws and Ordinances hereby published to all the said Persons respectively and severally are Required and Commanded to observe and keep on the Pains and Penalties therein expressed Laws and Ordinances of Warre Of Duties to God I. FIrst Let no man presumes to blaspheme the holy and blessed Trinity 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 rod-hot Iron II. Unlawfull Oaths and Execrations and scandalous acts in derogation of Gods Honour shall be punished with losse of Pay and other punishment at discretion 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 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 Traytors and Rebels II. No man shall relieve the Enemy with Money Victuals Ammunition neither harbour or receive any such upon pain of death III. If a Town Castle or Fort be yeelded up without the utmost necessity the Governour thereof shall be punished with death IV. But if so be that the Officers and Souldiers of the Garrison constrain the Governour to yeeld it up In such a case shall all the Officers be punished with death and the common Souldiers who have been active or have given their consent in constraining the Governour shall cast lots for the hanging of the tenth man amongst them V. And withall to know in what case and circumstances a Governour and the Militia of the Garrison may be blamelesse for the surrendring of a Town Castle or Fort it is hereby expressely signified That first they are to prove the extremity of want within the place insomuch that no eatable provision was left them for the sustenance of their lives Secondly That no succour or relief in any probable wise could be hoped for Thirdly That nothing else could be expected but that within a short time the Town Castle or Fort with all the Garrison and Arms Ammunition Magazine and appurtenances in it must of necessity fall into the hands of the Enemy Upon proof of which forementioned circumstances they may be acquitted in a Counsell of Warre else to be lyable to the punishment above expressed VI Whosoever shall be convicted to do his Dutie negligently and carelesly shall be punished at discretion VII Whosoever shall presume to violate a Save-guard shall die without mercy VIII Whosoever shall come from the Enemy without a Trumpet or Drum after the Custome of Warre or without a Passe from His Excellency within the Quarters of the Army or within a Garrison Town shall be hanged up as a Spie Of Duties towards Superiours and Commanders I. WHosoever shall use any words tending to the death of the Lord Generall shall be punished with death 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 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 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 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 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 VIII None shall utter any words of sedition and uproar or muteny upon pain of death IX A heavy punishment shall be inflicted upon them who after they have heard mutenous speeches acquaint not their Commanders with them 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 Colonel or other superiour Officer and it shall be given him in ample manner Of Duties Morrall I. DRunkennesse in an Officer shall be punished with losse of Place in a common Souldier with such penalties as a Court-Marshall think fit II. Rapes Ravishments unnaturall abuses shall be punished with death III. Adultery Fornication and other dissolute lasciviousnesse shall be punished with discretion according to the quality of the offence IV. Theft and Robbery exceeding the value of twelve pence shall be punished with death 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 VI No man shall take or spoil the Goods of him that dieth or is killed in Service upon pain of restoring double the value and Arbitrary punishment VII Murther shall be expiated with the death of the Murtherer Of a Souldiers Duty touching his Arms I. ALL Souldiers coming to their Colours to watch or to be exercised shall come fully armed upon pain of severe correction II. None shall presume to appear with their Arms unfixt or undecently kept upon pain of Arbitrary correction III. If a Trooper shall lose his Horse or Hackney or Foot-man any 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 IV. No Souldier shall give to pawn or sell his Armour upon pain of imprisonment and punishment at discretion and wheresoever