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A20912 Lawes and ordinances militarie sett downe and established by the right excellente Robert Earle of Leycester ... ; to be obserued by all suche as shall serue in Her Maiest. Armie vnder him in the saide countries. England and Wales. Army.; Leicester, Robert Dudley, Earl of, 1532?-1588. 1586 (1586) STC 7287.7; ESTC S4208 8,471 20

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LAVVES and Ordinances militarie sett downe and established by the right excellente ROBERT Earle of LEYCESTER Baron of Denbigh Iustice of Oyer and terminer of her Maiesties Forestes Chaces and Parkes on thisside Trente Maister of the Horse to the Queenes moste Excellente Maiestie One of the Lordes of her moste honorable priuie Counsaile Knight of bothe noble Orders of the Garter and S. Michaell her Highenes Lieutenant and Captaine GENERAL of her Maiest Armie and Forces in the lowe Countries And Gouernour GENERAL of all the Prouincies and Cities vnited in the saide lowe Countries and there associates To be obserued by all suche as shall serue in her Maiest Armie vnder him in the saide Countries Imprinted at Leyden by Andries Verschout the xxv of Ianuarie 1586. de stilo nouo FOrasmuche as there is not any Estate which in peace or warre can be accounted sure or preserued from dishonour ruine vnlesse it bee supported and borne vp by Iustice duely administred and discipline orderly obserued And for that no man can be so ignorant as not to knowe that honor fame and prosperitie doe duely follow that common Wealth or Nation wherein good lawes are established the Magistrate ministring Iustice is duely regarded and the people fearing to offende are drawen vnder the rules of Iustice and obedience And seeing that martiall discipline aboue al things proper to men of warre is by vs at this time most to be folowed aswell for the aduancemēt of Gods glorie as honourablie to gouerne this Armie in good order And least that the euill inclined pleading simplicicie should couer any wicked facte by ignorance Therefore these martiall Ordinances and Lawes followinge are established and published whereby all good mindes endeuouringe to attaine honour may stand armed and receiue encouragement to perseuere in well doing such as are inclined to lewdenesse be warned from committing offences punishable which being embraced with carefull respect and followed with obediēce doe promise good order and agreemēt amongst our selues with victorie and good euēts against our enemies 1 First Blasphencers Forsomuch as the holy Name of our most mightie and inuincible God with all reuerence ought to be regarded and that destruction is pronounced to suche as blaspheme or abuse the same it is therefore ordeined and commanded that no person whatsoeuer either in common conference or communication or for any cause whatsoeuer shall blaspheme or take his Name in vaine vpon paine of losse of v.s. to the releefe of the poore for the first offence for the seconde fiue dayes inprisonment for the third losse of his place and wages 2 And because the continuall and vnspeakeable fauours of our Almightie God Diuine seruice by our vnthankfulnesse may be taken from vs and that no good euent of any action can be expected wherein God is not first and principally honored and serued It is therefore especially ordeyned and commaunded that all persons whatsoeuer shall vpon general warning giuen either by sound of Trompet or Drum repaire to the place appointed where the Diuine sernice is to be vsed there to heare the same read and preached vnlesse for the present by sicknesse or other seruice he be impeached vpon paine to lose his dayes wages for the first two danes wages for the second and so to be encreased by the discretion of the Iudge and for euery such default in the Souldier aswell the Captaine as his inferiour officers to be punished with like penaltie 3 And seeing it well beseemeth all Christians Vnlat full games especially such as professe the militarie seruice to passe away the time in matters requisite for their profession And because no time can be more vainely spent then that which is consumed in vnlawfull games besides the breeding of much contention and quarrelles And for that there be many allowable and commendable exercises for all fortes of men to vse Therefore it is streightly commanded that no priuate Souldiouror inferiour Officer shal play at Dice and Cardes nor any other vnlawfull games vpon paine of two dayes imprisonment for the first time and for after committing the like to bee further punished by the Iudges discretion 4 And for that it often happeneth Vagrant woemen that by permitting of many vagrant idle women in an armie sundry disorders and horrible abuses are committed Therefore it is ordeined that no man shall carrie into the fielde or deteine with him in the place of his garrison any woman whatsoeuer other then such as be knowen to be his lawful wife or such other women to tende the sicke and to serue for launders as shall be thought meete vp the Marshall vpon paine of whipping and banishment 5 And insomuch as clemencie amongst men of warre in some respectes is a singuler vertue Woemen with Childe Aged persons Midowes Dirgins Babes It is ordeined that no man in any part of this seruice that he shall doe shal lay violent handes vpon any woman with childe or lying in childebed olde persons widowes yong virgins or babes without especiall order from the Magistrate vpon paine of death 6. Noe man of what degree so euer he be Violent defyling of women shall enforce any wife widowe maide or virgin and by violence defile anie of them vppon paine of death 7 What person soeuer that shall be commonly giuen to drunkennesse Dronkenes and riotuousurs or riotously behaue himselfe shall be banished the Armie 8 Whosoeuer shall conceale or in any sort kepe secrete Concealement of treason Conspiracie Treason any dangerous conspiracie or other practise which may be hurtfull and may concerne the peril of her Maiesties person and realme or of her General or the estate of this Armie and shall not with all diligence reueale the same either vnto the Generall or some other Officer of especiall trust shal incurre the paines of death with tormēts 9 If anie man whatsoeuer shall practice and conspire anie thinge to the hurte or perill of her Maicsties person Treason and Conspiracy and realme or of her Generall or the estate of this Armie and be therof laufullie convinced shall suffer death with torments 10 No man shall haue speeche or conference send message Conference or writinge with or to the Ennemie deliuer or receiue letters to or from the enemie or any his confederates either secretly or openly without manifesting the same presently vnto the Generall or Marshall or hauing former authoritie so to doe vpon paine of death 11 No man being in this seruice shal depart the Campe or place of Garrison for any cause whatsoeuer Departinge from the Camp or the Garrison without leaue without the Generals especiall Pasport or other head Officer authorised vpon paine of death 12 No man shall breake out Breakinge order of the ranke or leaue the order of his ranke being once ordered in the fielde by the Marshall or Sergeant Maior without some great occasion first made knowen vnto the saide Officer vpon paine of losse either of life
nation not being enrolled in her Maiesties paye but shall presently acquaint the Generall or Marshall with his name countrey the time of his comming and busines vpon paine of imprisonment and losse of his place and wages 37 No man shall talke or haue conuersation with any Trumpetter or Druminer of the enemies Talkinge with the Enemies Trumpeters or other sent in message but such as bee appointed by the Generall vpon paine of death Attendance vppon Cariagies 38 No man shal attende vpon the cariages but such as are appointed to that charge neither linger or loyter behinde with them to ride or ease themselues vnlesse it be such as by sickenesse hurtes or other infirmities knowē to the officers to be permitted so vpon paine of imprisonmēt losse of wages 39 No man shall attempt to goe a forraging Foraginge without the officer appointed for that purpose deliuer them a sufficient guarde for their defence vpon paine of death 40 Euery Souldier shall present such prisoners as are taken Souldiers prisoner to their Captaine immediatly at their returne to the Campe and none shall either kill them or license them to depart without commaundement or leaue from the Generall or other head Officer thereunto appointed vpon paine of being disarmed and banished the Campe. 41 Euery Souldier at all times in seruice shal be obedient and faithfull Obedience of the Souldier to his Captaine or his deputie aswell to their Captaines as other inferiour Officers not to refuse direction of any vnder whom they are appointed to serue vpon paine of imprisonment and losse of a moneths wages And whensoeuer anie Captaine of anie bande shall vppon vrgent causes appointe in his absence anie other whome he shall thinke good to supplie and execute his roome of captainship euery man owght to followe and oven the saide deputie with noe lesse care and diligence then they woulde the Captaine him self vppon the same paine 42 Euery man shall support and defende his owne Ensigne both night and day Supporting the Ensigne and shall resort vnto the same vpon the first warning and not depart vntill it be brought into safetie vpon paine of death 43 Euery souldier shal diligently obserue and learne the sound of Drums Sounde of Drum● Fifte● or Trumpet to be learned Fiftes and Trumpets to the end he may knowe howe to answere the same in his seruice 44 No man shall slaughter or kill any beast of what nature soeuer within the Campe or Garrison Slawghter of beastes Garbage but in such places as are appoynted for that purpose Waters vndefiled nor shall suffer the garbage to remaine vnburied neither shall any man trouble or defile the waters adioyning but in the lower part of the streame some good distance from the Campe vpon paine of imprisonment 45 No man shall ease himselfe or defile the Campe or Towne of Garrison Easementes saue in such places as is appointed for that purpose vpon paine of imprisonment and such further punishment as shall be thought meete by the chiefe Officers 46 If any man doe take a prisoner or bootie Prisoners and booties certified he shall immediately after hee is returned vnto the Campe or Towne of Garrison make his Captaine or Gouernour acquainted therewith and the Captaine shall declare the same vnto the Marshall who euery eight dayes shall make certificate thereof vnto the Generall vpon paine of imprisonment and further punishment as the Generall shall set downe 47 In Marching by the fieldes Crie● att the puttinge vp of any hare no man at the putting vp of any Hare or any other beast shal make any shout or crie whereby to disquiet or stay the rest of the hands but to vse all quietnesse and silence in their march vpon paine of imprisonment 48 No man shall giue vp or deliuer vnto the enemies any place left to his charge or keeping vpon paine of death Place of charge geuen to the Enemie 49 If any man flie to the enemies Flyinge to the Enemie or be taken vpon his departure towards them he shall suffer death 50 That no person whatsoeuer shall passe by any other way either in Towne or Campe Passage by ordynarie waie but at the ordinarie gates and passages vpon paine of death 51 That all heraults of Armes shall doe there messagies Heraults and make proclamation at such times and places and in such order without addicion dymynucion or alteracion accordinge vnto there direction and commission from the generall vppon paine to be inflicted at the generals discretion accordinge to the qualitie of there faulte Captaynes 52 No Captaine Entricinge of a Souldire from his Captaine Officer or other person shal receiue or entertaine any other mans Souldiour or seruant without consent of his former Captaine or Mayster neither shall entice an other mans Souldiour from him vpon paine of losse of a Monethes wages and to restore the partie to his former Captaine or Maister 53 No Captaine shall sende foorth any men to doe any enterprise Doinge any Entreprice without the generals knowledg without knowledge of the Generall or chiefe officer appointed thereunto vpon paine of losse of his place 54 All priuate Captaines Watch and ward vp priuate Captaines being no head Officers shal watch and warde with their Ensignes vnlesse it be by speciall leaue vpon paine of the losse of a monethes paye and for the second time losse of his place 55 No Captaine shall sell or caunsome his prisoner without license of the Generall Prisoner caunsomed or solde and shall not suffer them to depart without making the high Marshall prime to the same vpon paine of losse of his prisoner and imprisonment 56 Any Captaine finding any Souldier of what band or company so euer Souldier transgressing to be taken vp any Captaine which hath transgressed any of these Lawes and Ordinances may take him and bring him vnto the Marshall to be punished 57 That no Captaine shall receine or enroll any person into his paye vnder him Souldier sworne before he be receaued but that he cause the sayde Souldier to receiue the othe vpon paine to the Captaine for not obseruinge the same of losse of a moneths pane 58 Noe inferior Captaine shall for corruption Captaine not to license any souldier to departe the Campe. or any other cause license any of his souldiers to departe the Campe or Garrison without speciall license of the Generall or other hedde Officer vppon paine of losse of his monethes paie and expulsion out of his office 59 If any Captaine hereafter receauinge his souldiers paie Souldiers paie doe not paie the same vnto them within 8. daies after and beinge demaunded Then vppon complainte made and the Captaine therof convicted he shall lose his monethes paie and be deprived of his office banished the Campe and disabled from thensforth to serue in this Armie 60 Captaines and Officers shall frequent reforte vnto the Souldiers lodgings to see in what state there Armour and Munitions be in Disiringe the souldiers furniture And to geue greate charge that there furniture be alwaies in a rediues there corstlets with all peeces belonginge to the same and there Caliuers to be made cleane and onled to haue match and powder drie and Stringes for there Bowes there bylls and halberts to be kepte cleane and sharpe vppon paines and punishment arbitrarie accordinge to the qualitie of there necligence 61 All other offences and Actes that may tende to disorder Punishment of all other Offencies not comprised within these Articles shal be subiect to such maner of punishment as the Lieutenant Generall shall inflict vpon them as if it had bene specially expressed and set downe 62 And to the intente that no man maie pretende and alleage any iuste cause of ignorance of the afore recited lawes and Ordinanceis Publishinge of the Articles or anie of them the said lord Generall dothe ordaine That all chief Officers and Captaines of this Armie shall cause the same to be red and published with in there Bande euerie xx daies to all those whitch be vnder there charge respectiuelie accordinge to there quarters especiallie in all those placeis where then shall lie in Garrison aswell horsemen as footemen and to cause the same to he kepte and obserued inuiolablie asmuch as in them lieth in euery branche article of the same accordinge to the tenor forme and effecte therof The forme of the Othe Whiche all Officers Captaines Souldiers and all other seruinge in this Armie shall take and performe I. A. B. doe sweare and promise to doe all loyall Othe true and faithfull seruice vnto the Quene of England her moste excellente Maiestie and vnto the Prouinces and Cities vnited in these Countries and there associats vnder the charge and obedience of the right excellente the Earle of LEYCESTER Gouernour generall of the saide Prouinces and Cities there associats and of her Maiesties armie and forces within the same And all laufull and due obedience vnto the saide Gouernour and to any other superior that shall haue charge vnder him for gouerment in this Armie And farther I do promise to endeuour my self to fulfill and kepe all suche laufull Ordinances as his Excellencie hath or shall sette forth and establishe for the better ordering of this Armie as muche as concerne me so longe as I shall serue in the same vnder him So helpe me God by Iesus Christe