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A13057 For the colony in Virginea Britannia. Lavves diuine, morall and martiall, &c. Virginia.; Strachey, William, 1572?-1621. 1612 (1612) STC 23350; ESTC S111283 56,375 108

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Souldiers so as the one shall giue words of offence vnto the other to mooue quarrell the Officer or Souldier shall giue notice thereof to his Corporall or superior officer and the Corporall or superior officer shall commit the offender and if it happen between Commanders the officer offended shall giue notice to the Generall or Marshal that he may be committed who for the first offence shall suffer three daies imprisonment and make the officer wronged satisfaction before his squadron to repaire him and satisfie him without base submission which may vnworthy him to carry Armes And the officer or Souldier so offended hauing satisfaction offered shall with all willingnes receiue it for which both producing it to his Officer and accepting of satisfaction hee shall bee reputed an officer or souldier well gouerned in himselfe and so much the fitter to be aduanced in Commaund ouer others and if any shall vpbraid him for not hauing fought a sauage headlong reuenge against his fellow the officer or souldier so vpbraiding shall bee punished and make satisfaction as the first offender and if any shal so offend the second time he shall suffer ten nights lying head and heeles together with Irons vpon the guard and haue his entertainement checkt for one month and make satisfaction to the officer or souldier as before remembred and for the third offence hee shall bee committed to the Gallies three yeeres And if vpon the first offence giuen by any officer or souldier vnto any other in words as aforesaid and the other returne iniurious words againe they shall both be taken as like offenders and suffer like punishment sauing that he who gaue the first offence shall offer first repaire vnto the offended which he the offended shall accept and then shal hee proceed to returne tho like satisfaction vnto the other and if any shall bee obstinate in this point of repaire and satisfaction hee shall suffer sharpe and seuere punishment vntill hee shall consent vnto it the words or manner of satisfaction to be giuen vnto the Party or parties offended shall be appointed by the chiefe officer of the Company vnder whom the officer or souldier shall happen to bee with the knowledge of the prouost Marshall prouided that if the Officer or souldier shall desire it hee may appeale vnto the chiefe officer of the Garrison or vnto the Marshall if hee shall be present to Iudge of the equity of the satisfaction And if any Lancepr●zado Corporall or other officer shall happen to bee present or shall take knowledge of any such offence offered of one partie or Quarrell sought and accepted of more parties he shall presently cause the partie or parties so offending to bee committed to prison that due execution may follow as is formerly prouided And if any Lanceprizado Corporall or superior officer shall neglect his or their duty or duties heerein appointed by not bringing the offender and their offences to the knowledge of the superior office that satisfaction as aforesaid vpon the fault committed may orderly follow the officer so offending shal for his first omission negligence and contempt suffer ten daies Imprisonment for the second twenty and for the third losse of his place and to bee put to the duty of a Centinell And if any officer or Sould●er shall be present when two or more shall draw weapons with intent to fight or shall fight they shall presently doe their best to part them and if he be an officer he shall commit them or put them vnder safe guard to bee committed and if hee bee a priuate souldier hee shal giue notice to the prouost marshall or vnto the first officer that he shal meet with of the parties offending who shall presently take order that they may be apprehended and committed to the Prouost Martialcy and if any officer or souldier shall happen to see any officer or souldier so fighting and shall not doe his best to part them without fauouring one part or other hee shall bee punished at the discretion of the officer in chiefe and the punishment shall extend to the taking away of life if the cause shal so require and if any officer or souldier shall know of any purpose in any to fight and shall not stay them or discouer them to such officers as are competent to stay them but that they goe to fight and doe accordingly fight that officer or souldier shall bee taken and shall bee punished cleerely and in the same sort as the offence deserueth punishment betweene them fighting 14 That officer or Souldier that shall challenge another to fight and hee that shall carry any Challenge knowing it to be a Challenge and he that accepteth any such Challenge with a purpose and returne of answere to meete the saide Challenger to fight with him in this case they shall all three be held alike calpable and lie subiect to the Censure of a Martiall Court 15 That officer who shal command the guard and let such Challengers and Challenged passe the ports vpon his knowledge to fight shall bee casseird and if the officer be vnder the degree of a Captaine hee shall bee put to doe the duty of a Centinell 16 No officer shall strike any souldier for any thing not concerning the order and duty of seruice and the publique worke of the Colony and if any officer shall so doe hee shall bee punished as a priuate man in that case and bee held vnworthy to command so peruerting the power of his place and authority 17 No man shall be Captaine of the watch at any time vnder the degree of an Ensigne 18 He that shall take the name of God in vain or shall play at Cards or dice vpon the Court of guard for the first time so offending he shall bee committed to prison there to lie in Irons for three daies for the second time so offending hee shall be whipt and for the third time so offending hee shall bee condemned to the Gallies for one yeere 19 Hee that shall absent himselfe from the Court of Guard vppon his watch aboue one houre without leaue of his Corporall or superiour officer shall for his first time so offending at the relieuing of the watch bee committed to prison and there to lye in Irons for 3. dayes for the second time he shall be committed to prison and there lye in irons for one weeke and haue his entertainement checkt for one weeke and for the third time hee shall be committed to the Gallies for sixe moneths He that shall swagger and giue iniurious words vpon the court of guard for the first offence hee shall aske forgiuenesse vpon his knees of the officers and rest of the Guard before the Captain of the watch at that time for his second time so offending he shall bee committed to the Gallies for one yeere 21 He that draweth his sword vpon the Court of Guard shall suffer death by the Armes which he weareth 22 Hee that should draw his sword in a towne of Garrison or
the diuine seruice and Sermons preached vpon the Saboth day and in the afternoon to diuine seruice and Catechising vpon paine for the first fault to lose their prouision and allowance for the whole weeke following for the second to lose the said allowance and also to be whipt and for the third to suffer death 7 All Preachers or Ministers within this our Colonie or Colonies shall in the Forts where they are resident after diuine Seruice duly preach euery Sabbath day in the forenoone and Catechise in the afternoone and weekely say the diuine seruice twice euery day and preach euery Wednesday likewise euery Minister where he is resident within the same Fort or Fortresse Townes or Towne shall chuse vnto him foure of the most religious and better disposed as well to informe of the abuses and neglects of the people in their duties and seruice to God as also so to the due reparation and keeping of the Church handsome and fitted with all reuerent obseruances thereunto belonging likewise euery Minister shall keepe a faithfull and true Record or Church Booke of all Christnings Marriages and deaths of such our people as shall happen within their Fort or Fortresses Townes or Towne at any time vpon the burthen of a neglectfull conscience and vpon paine of losing their Entertainement 8 He that vpon pretended malice shall murther or take away the life of any man shall bee punished with death 9 No man shal commit the horrible and detestable sins of Sodomie vpon pain of death he or she that can be lawfully conuict of Adultery shall be punished with death No man shall rauish or force any womā maid or Indian or other vpon pain of death and know ye that he or shee that shall commit fornication and euident proofe made thereof for their first fault shall be whipt for their second they shall be whipt and for their third they shall be whipt three times a weeke for one month and aske publique forgiuenesse in the Assembly of the Congregation 10 No man shall bee found guilty of Sacriledge which is a Trespasse as well committed in violating and abusing any sacred ministry duty or office of the Church irreuerently or prophanely as by beeing a Church robber to filch steale or carry away any thing out of the Church appertaining thereunto or vnto any holy and consecrated place to the diuine Seruice of God which no man should doe vpon paine of death likewise he that shall rob the store of any commodities therein of what quality soeuer whether prouisions of victuals or of Arms Trucking stuffe Apparrell Linnen or Wollen Hose or Shooes Hats or Caps Instruments or Tooles of Steele Iron c. or shall rob from his fellow souldier or neighbour any thing that is his victuals apparell household stuffe toole or what necessary else soeuer by water or land out of boate house or knapsack shall bee punished with death 11 Hee that shall take an oath vntruly or beare false witnesse in any cause or against any man whatsoeuer shall be punished with death 12 No manner of person whatsoeuer shall dare to detract slaunder calumniate or vtter vnseemely and vnfitting speeches either against his Maiesties Honourable Councell for this Colony resident in England or against the Committies Assistants vnto the said Councell or against the zealous indeauors intentions of the whole body of Aduenturers for this pious and Christian Plantation or against any publique booke or bookes which by their mature aduise and graue wisedomes shall be thought fit to be set foorth and publisht for the aduancement of the good of this Colony and the felicity thereof vpon paine for the first time so offending to bee whipt three seuerall times and vpon his knees to acknowledge his offence and to aske forgiuenesse vpon the Saboth day in the assembly of the congregation and for the second time so offending to be condemned to the Gally for three yeares and for the third time so offending to be punished with death 13 No manner of Person whatsoeuer contrarie to the word of God which tyes euery particular and priuate man for conscience sake to obedience and duty of the Magistrate and such as shall be placed in authoritie ouer them shall detract slaunder calumniate murmur mutenie resist disobey or neglect the commaundements either of the Lord Gouernour and Captaine Generall the Lieutenant Generall the Martiall the Councell or any authorised Captaine Commaunder or publike Officer vpon paine for the first time so offending to be whipt three seuerall times and vpon his knees to acknowledge his offence with asking forgiuenesse vpon the Saboth day in the assembly of the congregation and for the second time so offending to be condemned to the Gally for three yeares and for the third time so offending to be punished with death 14 No man shall giue any disgracefull words or commit any act to the disgrace of any person in this Colonie or any part therof vpon paine of being tied head and feete together vpon the guard euerie night for the space of one moneth besides to bee publikely disgraced himselfe and be made vncapable euer after to possesse any place or execute any office in this imployment 15 No man of what condition soeuer shall barter trucke or trade with the Indians except he be therunto appointed by lawful authority vpon paine of death 16 No man shall rifle or dispoile by force or violence take away any thing from any Indian comming to trade or otherwise vpon paine of death 17 No Cape Marchant or Prouant Master or Munition Master or Truck Master or keeper of any store shall at any time imbezell sell or giue away any thing vnder his Charge to any Fauorite of his more then vnto any other whome necessity shall require in that case to haue extraordinary allowance of Prouisions nor shall they giue a false accompt vnto the Lord Gouernour and Captaine Generall vnto the Lieuetenant Generall vnto the Marshall or any deputed Gouernor at any time hauing the commaund of the Colony with intent to defraud the said Colony vpon paine of death 18 No man shall imbezel or take away the goods of any man that dyeth or is imployed from the town or Fort where he dwelleth in any other occasioned remote seruice for the time vpon pain of whipping three seuerall times and restitution of the said goods againe and in danger of incurring the penalty of the tenth Article if so it may come vnder the construction of theft And if any man die and make a will his goods shall bee accordingly disposed if hee die intestate his goods shall bee put into the store and being valued by two sufficient praisers his next of kinne according to the common Lawes of England shall from the Company Committies or Aduenturers receiue due satisfaction in monyes according as they were praised by which meanes the Colonie shall be the better furnished and the goods more carefully preserued for the right heire and the right heire receiue content for