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B05378 Laws and ordinances, touching military discipline. Translated into English by I.D. I. D.; Scotland. Privy Council. 1691 (1691) Wing S1507E; ESTC R183070 7,538 16

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55. If any man run away to the Enemy or in such his flight be taken by the Enemy he shall be punished with death 56. No captains shal seduce or entice away each others Soldiers on pain of death 57. Whosoever shal by word or deed busie himself with the Sergeant Major doing his Office be he Captain or Souldier shal withou mercy be punished with death as he also shal who will not content himself with that Quarter or Lodging whereto he shal be appointed to be Quarter-master or Furrier or who will disturb another man in his place 58. If any Soldier having the Watch shal come to his Colours not fully Armed to March with the rest into the Watch he shal for the first time be kept three days at bread and water the second disarmed and banished for three Months out of the Company and the third time affer death 59. Every one of what condition soever he be shall forthwith or before the evening bring before him that Commands in the Quarter all such Prisoners as shal be taken of the Enemy on pain of forfeiting the said Prisoners and to be punished besides with death 60. And if any shal take Prisoner a General Commander or other man of account of the Enemy he is forthwith to present or cause to be presented the said Prisoner unto the States General or Council of State and withal to deliver him over as also whatsoever other Prisoners they will take to themselves receiving therefore a reasonable reward according to the quality and ability of the Prisoner provided that it exceed not the sum of 5000 Gilders And so the said Prisoner shal be at the disposing of the aforesaid States and he that took him pretend no further interest in that behalf 61. Likewise none shal kill any Prisoner or set his ransom or after the payment of the said Ransom suffer him to depart without leave of the General or him that commands the Quarter on pain of being disarmed and banished out of these Countries 62. And if any Prisoner be found walking along the Campeso place of Garrison without leave of the General or him that commands there he to whom the Prisoner belongeth shal forfeit him to those who shal first lay hands on the said Prisoner 63. Concerning lawful Prizes whosoever bring in the same shal acquaint therewith the General or him that commands in the Quarter within three hours after their return to the end they may be accordingly Registred on pain of forfeiting the same and to be besides punished on the body 64. Whosoever shal have gotten any thing upon the Enemy and giveth not notice thereof as aforesaid that it may be Registred and after sold in the Camp or place of Garrison but shal sell or cause it to be sold in the Places or Towns near thereunto shal without any mercy be punished with death to the end that better order be held in all and no man wronged in his Right 65. When a Soldier shall have done any offence or fault his Captain shal be bound on pain of three Months suspension from his Charge to deliver the said Soldier into the Generals hands or his that commands in the Quarter who with the Captains Lieutenants and Ensigns then present shal upon the information which he shal cause to be taken thereof Judge according to these Orders and Laws 66. He that is drunk on his Watch day shal be cassiered and banished out of the Company 67. If any one drink himself drunk and in his drunkenness commit any ill or ought forbidden he shal not thereby be excused but somuch the more sharply punished 68. If any Captain or Soldier shal refuse the Muster or Review he shall be Cassiered 69. None shal at the Muster let himself be entered by a changed or other name than his own nor pass Muster with a borrowed Horse or Arms neither shall any on the Muster day lend the like on pain of being disarmed and banished out of the Company 70. None shal let himself be entered or Muster under two Companies on pain of death 71. None shal diminish or pawn his Arms which are appointed him by his Captain on pain of being disarmed and banished for six Months out of the Company 72. None shal likewise take or pawn any Soldiers Arms on pain of losing double the worth of the Pawn 73. None shal play away or quite his Arms but keep the same always clean and serviceable on pain of being Cassiered out of the Company without Passport 74. None shal by cousenage get away his Fellows Provisions Victuals or Arms on pain of being disarmed and banished for three Months out of the Company or else besides of sustaining corporal punishment according to the quality of the offence 75. He that shal presume to set upon a Commissary of the Musters or wrong him either in word or deed shal be punished with death 76. If any Captain give his Souldiers less than the Pay allowed him by the States he shal be disgraded 77. If any Soldier proffer to draw his Weapon against his Chief or Commander he shal be punished with death 78. If the Provost or his Officers apprehend one or more Soldiers none of what degree soever shal oppose himself there against or rescue or attempt to rescue the said Prisoners on pain of death 79. Furthermore no Officer nor Gentleman of any Company of Horse or Foot nor any common Soldier shall victual in any Camp without the Generals special consent on pain of being disarmed 80. Likewise all Victuallers that victual in the Camp shal be subject to the aforesaid Articles and the Council of War there being on the penalty herein contained and shal not draw any Wine or Beer for any one in the evening an hour after Suns setting or in the morning as much before the rifing thereof on pain of forfaulting 3 Gilders for every time they shal be found to have done so The said Forefault to be converted the one half thereof to the Provosts behove and the other to the relief of the Poor 81. All other abuses and offences not specified in these Orders shall be punished according to the Ordinances Laws and Customs of the War 82. And if any Soldiers should not be present at the proclaiming of these Orders and Laws they shal notwithstanding be as much bound to the observation of them as the other who were present But to the end none may pretend ignorance and every one have notice thereof the States General have given Order that the same shal be every where published on the Muster-day and charged the Commissaries to cause all the Souldiers to swear accordingly thereunto THus done and decreed at Arnhem after sundry Conferences had hereupon with the chiefest Commanders of these united Provinces It being further appointed that these Orders and Laws shal be published both in the Camp and wheresoever else it shal be meet and requisite and that at every Muster the Commissaries shal read and propound the same again unto the Companies August 13. 1590. By Order of the Council of State Chr. Huygens Edinburgh August 31. 1691. THe Lords of Their Majesties Privy Council Do hereby Ordain The Articles and Rules for the better Government of the Forces in this Kingdom Printed by Order of His Royal Majesty King Charles the Second in the Year One thousand six hundred seventy five to be of new Re-printed as the same are Altered and Amended by Their Lordships And likewise Ordains The Laws and Ordinances touching Military-Discipline which are Printed at the Hague in Anno One thousand six hundred seventy six and by Order of the Council of Scotland Re-Printed at Edinburgh in Anno One thousand six hundred eighty nine to be again Re-printed For doing of all which these Presents shall be to all Persons Concerned a sufficient Warrand Extracted forth of the Records of Privy Council by me GILB ELIOT Cls. Sti. Concilii FINIS
LAWS AND ORDINANCES Touching Military Discipline Translated into English by I. D. Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to Their most Excellent Majesties 1691. Laws and Ordinances touching Military Discipline VVHereas by daily experience many disorders are found to grow amongst those that bear Arms tending to the great damage of those Countreys and prejudice of the Government thereof which notwithstanding are not any where so punished as in reason they ought because there is no certain Order or Law touching like matters as yet Decreed and Published The States General of the United Provinces have therefore with the Advice of the Council of State of the same ordained appointed and decreed Do by these Presents Ordain Appoint and Decree the Orders or Laws here ensuing which their will is to give from point to point strictly observed and followed by all those that bear Arms in their Service To which end it shall be every where Published and accordingly Sworn to by the Soldiers 1. FIrst he that shall take the Lords Name in vain or blaspheme the same shall for the first time make an honourable amends and be kept three days in Prison at Bread and Water The second time shall have a glowing Iron thrust through his Tongue then be stripped to his Shirt and so banished out of the United Provinces 2. The like Penalty shall they incur for the first and second times who shall either do or say ought in despite or derision of God's Word or the Ministers of the Church 3. All wilful Murthers Raps Adultery Firing of Houses Thievry Violence Outrage Falshood and other like bad Facts and open offences or unnatural Abuses shall be punished with Death 4. None shall any way Outrage Strike Knoke Beat Threaten or dishonestly touch any Widows Married or Unmarried Women such as are in Child-bed or with Child or any young Children on pain to be Discharged without Money or Pasport or else punished Corporally according to the quality of the offence Likewise all common Whores shall for the first time be expulsed out of the Camp with shame and being found there the second time soundly Whipped and Banished 5. He that shall have done or conspired ought against the States the Countrey Towns or other places thereof or against any Governours or Captains in the same whereby the publick State of the Land may be in any sort endammaged or endangered As also whosoever shall consent thereunto shall without any mercy be Hanged 6. The like Punishment shall they also incur whosoever coming to the knowledge of any such matter shal not reveal it to their Captain or chief Officers 7. None shal raise any Mutiny or make any unlawful Asse●bly on whatsoever secret cloaked or other purposes Nor for what cause soever it be without Order from their Commanders on pain of hanging 8. In like sort shal they also be punished that shal be present at such Assemblies or call stir up and incite any to be present thereat And is to be understood also that such Officers as shal be at the like Seditious Meetings shal receive punishment before all other Soldiers except those that are no Authors thereof 9. He that shal speak ill of the States General or particular the Council of State or other Superiours or shal speak ought to despise or deride any of them shal without mercy be punished with Death 10. He that shal have spoken any words tending to Sedition Mutiny or Disobedience or that having heard such words and shal not presently acquaint his Captain therewith shal be punished with Death 11. In like sort shal they also be punished who rehearse any such words in presence of private Soldiers either of themselves or by suggestion of others or practise ought whereby any Mutiny or Sedition may grow 12. No man being out of Garded or Besieged places or in other like cases shal use any Speech or Correspondence with the Enemy nor send him any Messages or Letters nor receive any from him nor deal in like sort with any of his Confederates be it in secret or publick without the Consent first had of his Governour or Captain or that he make it forthwith known unto him unless he be thereto authorised Neither shal any man be adherent or in any sort assistant to the Enemy on pain of death 13. Likewise none shal Confer or Converse with any Trumpet or Drum of the Enemies or any other sent on Message from him but they only who are thereto appointed on pain of death 14. None shal in going departing lying still Mustering or in Garrison do Outrage or Spoil to the Inhabitants of these Countreys their Favourers or Confederats or take from them any Victuals Money or ought else without paying duly for the same nor yet throw down or spoil any Water-Milns or Water-Works nor set on fire the same or other Houses or else the Camp at the breaking up thereof without special Command from the General or other chief Officers on pain of Death 15. Likewise none shal either do or practise ought against any Persons Towns Villages Forts Havens or whatsoever Goods warranted by Pasports or other Assurances from the Generality on pain of Death 16. He that will depart from one Company to another or elsewhere or will leave the Colours under which he serveth is to have a sufficient Pasport from his Captain or Commander and failing therein shal be punished with Death 17. Whatsoever Captain shal entertain Soldiers without a lawful Discharge from their former Captain shal be punished with Death 18. If any Soldier serving on Horse or Foot shal knock or strike his Host Hostess their Man or Maid-servants he shal for the first time be kept three days at Bread and Water the second make an honourable amends and before the whole Watch be disarmed and then banished out of the Company And if the party so striken be maimed or Blood drawn then shal the Soldier offending have his Hand striken off 19. Whosoever shal have taken or stoln any Victuals or other Provisions brought up towards the Camp Garrison or any Towns or Places under the Jurisdiction of the States General shal be Hanged 20. Likewise none shal out of the Camp or Garrison forcibly take or else buy up before hand any Victuals or Goods bound thitherwards before the same shal be brought to a fit place for sale and Taxed Neither shall he Rob any Cabbin Shop Tent Victualer or Merchand that is there for the help of the Camp or Garrison on pain of Death 21. He that shal go out of the Quarter from his Colours or Garrison further than a Canon Shot without his Captains leave shal be punished with Death 22. Whosoever shall go out of the Camp Besieged-Town Fort or other place without the special consent of his Captain or Officer for any cause be it for Forrage or ought else shal be Hanged 23. Whosoever shal take any Cattel or Beasts within the Lands that ly under the obedience of the Generality