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A38654 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 the 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 E3314A; ESTC R201953 8,697 18

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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 the 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 May 13. 1643. ROBERT Earl of ESSEX Viscount HEREFORD Lord FERRERS of Chartley Bourchier and Lovain Captain Generall Of the Army raised by the Authority OF PARLIAMENT for the defence of the KING and KINGDOM TO all the Officers of the Army Colonells Lievtenant-Colonells Serjeant-Majors Captains other Officers and Souldiers of Horse and Foot and all others whom these Laws and Ordinances shall concerne WHich Laws and Ordinances hereby published 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 Blasphemy I. FIrst Let no man presume 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 red hot Iron Cursing 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 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 or have any communication with them without direction from my Lord Generall shall be punished as Traitors and Rebells Relief of the Enemy II. No man shall relieve the Enemy with Money Victualls Ammunition neither harbour or receive any such upon pain of death Yielding up of Forts III. Whosoever yeeldeth up any Town Fort Magazine Victualls 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 do his Duty negligently and carelesly shall be punished at discretion Violating of a Safe-guard V. Whosoever shall presume to violate a Save-guard shall die without mercy Of Duties toward Superious and Commanders Violating of the Lord Generall I. VVHosoever 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 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 Silence in the Army IV. Every private man and Souldier upon pain of Imprisonment shall keep silence when the Armie 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 Vnlawfull 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 Drunkennes 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 Vnnaturall 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 quality of the offence Theft IV. Theft and Robberie 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 spoil the goods of him that dieth or is killed in Service upon pain of restoring double the value and arbitrary punishment Murther 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 Boosing of Horses and Arms. III. If a Trooper shall lose his horse or hackney or a 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 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 be cashiered without mercy and the next Officer under him shall have his place which he may pretend to be his right and it shall not be refused to him Carelesse Captains VI. A Captain that is carelesse in the training and governing of his Company shall be displaced of his charge Officers out-staying their passe VII All Captains 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 frayes 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 Souldier 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 Captain or Officer non-resident in the place assigned him for Garrison without license shall have one months pay defaulted for the first offence and two months for the second upon the third offence he shall be discharged of his Command Cashiering of Souldiers X. After the Army is come to the general Rendezvouz no Captain shall cashiere any Souldier that is enrolled without speciall Warrant of the Lord Generall Mustering of false and counterfeit Troops XI No Captain of a Troop shall present in Musters any but reall Troopers such as are bound by their pay to follow the Troops upon pain of cashiering without mercy And if any Victualler Fee-booter Enterloper or Souldier whatsoever of any Troop or Company shall present himself 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 imbezell or spoil 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 I. 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 Captains shall cause their Troops or Companies to be full and compleat and two dayes after the Generall Mustering they shall send to the Lord Generall a perfect List or Roll of all their Officers of their Troops and Companies and likewise of all the Troopers and Souldiers that are in actuall Service putting down distinctly on the head of each man his monthly pay Every pay-day III. The like Roll or List shall the Captains send to the Lord Generall and to the Treasurer of the Armie upon every pay-day during the Service with of punctuall expression at the bottom of the said Roll 〈…〉 new Troopers or Souldiers have been 〈…〉 finde the last Pay-day no 〈◊〉 of such as are either deceased or cashiered and his wise the day whereon they were so cashiered and 〈◊〉 Subscribed by all the officers of the Troop or Company IV. Which said List or Rowl shall be subscribed not onely by the Captain and his Lievtenant and Coronet or Ensign but also by the Serjeants and Corporals respectively who shall declare upon their Oaths That the Troopers and Souldiers and enrolled in the said List are reall and actuall Troopers and Souldiers of the respective Troops and Companies And whosoever shall be convicted of falshood in any of the premises shall be cashiered Muster-Masters must use no other Rols V. No Muster-master shall presume to receive or accept of any Rowl to make the Musters by but the forementioned Rowls upon pain of the losse of his place and other punishment at discretion Counterfeit names in the Rolls VI. 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 pain of death Of Victuallers Victuallers issuing naughty Victualls I. NO Victuallers shall 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 shall be a Victualler without the consent of the Lord Generall or others authorized upon pain of punishment at discretion 〈…〉 III. No Victualler shall entertain any Souldiers in 〈…〉 Tent or Hurt after the Warning-piece at 〈…〉 before the beating of the Ravalee in the 〈…〉 IV. No Victualler shall forestall any Victualls nor sell them before they be appraised by the Marshall Generall upon severe punishment Of administration of Justice Summary proceedings I. ALl controversies between Souldiers and their Captains and all others shall be summarily heard and determined by the Counsell of War except the weightinesse of the cause require further deliberation The Provost-Marshall must look to his prisoners II. 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 party dismissed Goods of 〈◊〉 destinct III. The goods of such as die in the Army or Garrison or be slain in the Service if they make any Will by word or writing shall be disposed of according to their Will If they make no Will then shall go to their wives or next kin If no wife or kindred appear within a yeer after shall be disposed of by the appointment of the Lord Generall according to the Laws Civill and Military Civill Magistrates imprisoning Souldiers IV. No Magistrate of Town or Countrey shall 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 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 party grieved to take his remedy by due course of Law And if the Officer fail 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 Iustice VI. No man shall presume to use any ●●aving or menacing words signes or gestures while the Court of Justice is sitting upon pain of death Receiving of Run-awayes VII No inhabitant of City Town or Countrey shall presume to receive any Souldier into his service or conceal or use means to convey such Run-awayes but shall apprehend all such and deliver them to the Provost Marshall Detecting of offenders VIII All Captains Officers and Souldiers shall do 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 Laws and Ordinances be made more publike and known as well to the Officers as to the common Souldiers every Colonell and Captain is to provide some of these Books And within a short time after that the Army shall come to the generall Rendevouz these Laws in every severall Regiment in the presence of all the Officers are plainly 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 Captain is to cause the same to be read to his own Company in presence of his Officers And also upon every main Guard the Captain is to do the like that none may be ignorant of the Laws 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 observed 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