Laws, and Orders of War, established for the good Conduct of the service of Ireland. HENRY FALKLAND: HENRY, Lord Vice-Count of Falkland, one of the Lords of his Majesty's Most Honourable Privy Council of England, and Lord deputy General of the Realm of Ireland. To all Officers of the Army, and all Colonels, Captains, Officers, and Soldiers of Companies, and all his Majesty's Subjects, and others, whom these Laws, and Orders ensuing, respectively, and severally shall concern. Forasmuch as no good Service can be performed, or War well managed, where Military discipline is not observed, and Military discipline cannot be kept, where the Rules or chief parts thereof, be not certainly set down, and generally known; I have set down these Laws, and Orders following, and do now publish them under my hand, that all persons in this Army, or kingdom, within my charge, may take knowledge of the said Laws, and penalties set down, for the breakers of them. 1 First, we own our Highest duty, and greatest Allegiance, to him from whom all Power, and authority flows, as from the first Fountain, and must receive our successes of him that is the Lord of Hosts, I do straightly charge, and command, all Commanders, and Officers of the Army, to see that Almighty God be served, That Sermons, Morning and Evening Prayer be diligently frequented, and that those that often, and wilfully absent themselves, be duly punished. 2 Let no Man speak impiously and maliciously against the Holy and blessed Trinity, or any of the Three People, that is to say, God the Father, God the Son, and God the holy Ghost, or against the known Articles of the Christian Faith upon pain of death. 3 Let no Man blaspheme Gods holy Name, or use unlawful Oaths or erecrations, or commit any irreligious Art, to the derogation of God's honour, upon pain of loss of his Pay, Imprisonment, and such further punishment, as a Marshal Court, shall think his Offence deserves. 4 No Man shall use any traitorous words, against his Majesty's Person, or Royal Authority upon pain of death. 5 No Man whether he be Soldier, or other, English or Irish, shall have conference, or intelligence, with any Enemy or Rebel, that is in open action against his Majesty, or harbours, or receives any such within the Camp, or in any Town, Forte, Castle or Garrison, or shall sand, or procure to be sent, any Victual, Munition, or other relief, to any Enemy or Rebel in action, upon pain of death, except such as shall be avowed, and warranted by me, or those that shall command the Army in my absence, to speak, confer, or have intelligence, or converse with the Enemy or Rebel. 6 No Man shall run to the Enemy, or Rebel, that is in action, or depart the Army without licence, or from the Garrison or Colours, upon pain of death. 7 No Man shall commit any Murder, or kill, any person, or draw blood of any, or draw any Sword in private quarrel, with intent to offer violence within the Camp or Garrison, upon pain of death. 8 No Man shall ravish, or force any woman, upon pain of death, and Adulterers, and Fornicators shall be punished, by imprisonment, banishment from the Army, or such other penalty, as up the Marshal Court shall be thought meet. 9 No man shall steal, or take by force, any Treasure, Victual, or Munition of his Majesties: Or take by force, or steal from any person, any Money, Arms, Apparel, or other goods, being above the value of twelve pence, in Marching, Camp, or Garrison, upon pain of death. 10 No man shall deliver any Town, Castle, Forte, or Sconce, without warrant, or depart from any strait or passage, which he is commanded to make good, or take Pass port of the enemy, or any Rebel in action from any Troops, or make any ignominious composition with the Enemy, or Rebel in action, upon pain of death. 11 No man shall throw away his Arms, or abandon his Ensign, Cornet, or Guidon, or fly away, in any Battle, or Skirmish, upon pain of death. 12 No man being set Sentinel shall sleep, or appointed by the Officer of the Guard, or any Superior officer, that hath authority to place him, shall depart, and forsake that place, without warrant, upon pain of death. 13 No man shall offer any violence, or contemptuously disobey his Commander, or do any art, or speak any words which are like to breed any Mutiny in the Army or Garrison, or impeach the obaring of the General, or principal Officers directions, upon pain of death. 14 No man shall outrage, or do violence, to any that come & to bring Victuals to the Army, or Garrison, upon pain of death. 15 No man that carries Arms, or pretends to be a Soldier, shall remain three days in the Army, after it is on foot, except he be enrolled in some Company upon pain of death. 16 Not Soldier shall burn any House or lodging, or burn, or wilfully spoil, any Corn, Shipe or Boate, or carriage, or any other thing that may serve for the provision of the Army, or his Garrison, without he be commanded so to do, by the General, or some principal Officer of the Army upon pain of death. 17 Not man shall departed a mile out of the Army, or Camp or Garrison, except he be commanded, and lawfully warranted so to do. upon pain of death. 18 Not Soldier shall break his Order to follow any Rout or chase, or to seek, any prey, or spoil, except he be commanded by such as have authority no further than he is commanded, upon pain of death. 19 Not man that hath Passport for any limited Time, shall exceed the time limited for his absence, except he can prove he was stayed by the hand of God, upon pain of death. 20 Not Providor, Keeper, or Officer of his Majesty's Victuals, or Munitions, shall embrazill any part thereof, or give any false account to the General, with a purpose to deceive his Majesty, or to hinder the Service, upon pain of death. 21 Not man shall wilfully, or through gross ignorance, f; a●le in coming to the Randezvous, or Garrisons assigned to him by the General, or other principal Officer that shall command the Army, upon pain of death. 22 Not Soldier in Masters, shall answer for another, or take two pares, or Muster in a false name, to defraud his Majesty, upon pain of death 23 No Captain shall through corruption, wilful, or gross negligence, suffer his Company to grow weak, or practise to defraud his Majesty in his Muster, upon pain of imprisonment, loss of his Place, and ignominious banishment from the Army: 24 Not Captain of the Army, or Officer shall give passport to any, or dismiss any Soldier once enrolled, without warrant from the the General, or other Officer, whom he shall authorise, upon pain of loss of his Place, and imprisonment. 25 Not Soldier shall departed from his Captain, or servant from his Master without licence, though he serve still in the Army, upon pain of death. 26 Item that no Soldier do cell, or lay to pawn his Horse, or Hackney, or any part of his furniture, Arms, or apparel for any respect, or pretence of want whatsoever, upon pain of death. 27 Nor that any Inhabitant in Town or Country, shall presume to buy, or to take to pawn any part of the same, upon pain both of imprisonment, at the discretion of the Lord deputy and chief Commander, and forfeit of double the value of any such thing so bought or laid to pawn. 28 Item, that all Bands of footmen, shall in passing through the Pale, or other Countries in obedience to go to any Garrison, or Place of Service, March ten miles a day or thereabouts, holding the direct way to the same Garrison or place of service, And that no Captain, Officer, or Soldier, do upon any pretence of want, commit any waist, spoil, or violence, or do extort any Victuals, or Money, or Pawn in lieu of Victuals, from any good Subject, but shall content themselves with Meat, and drink competent, not taking any allowance for dead pays, but for the most number of men they have in their Company for a supper, and a breakfast in one place only, upon pain of such sharp punishment as the Lord deputy, or other Magistrates thereunto authorised, agreeable to the nature, and quality of the same offence, shall think good to inflict, be it by death, imprisonment, or other corporal punishment: But if upon any occasion of March through the Country the Soldier shall be in want, that then the Officer, with the advice consent, and assistance of the Sheriff, Subshiriffe, Collectors, or others his Majesty's Officers in that Barony, or the next adjoining: if there be any, or may be found, shall seek and provide such diet and lodging for them, as shall be thought fit at reasonable rates heretofore accustomed, for the which the Captain or Officer give ready money, or for want thereof, deliver his Ticket to be satisfied upon the Captain or Soldier's entertainment, So as all occasions of offence and grief shall be fare removed from all good Subject. 29 Item, If any Horseman shall lose his Horse or Hackney, or Footman any part of his Armour, by negligence or other lewdness, whereby he shall be unabled to discharge the duty of his place, that until he shall recover the same, or otherwise furnish himself with as good, he shall reserve in the state, and condition of a Proner, or sustain further punishment, at the direction of the Lord deputy, or other Officer thereunto authorised. 30 Item, whensoever any prey, or spoil, shall be taken from the Revels, either when the Army is in the field, or by any residing in Garrison upon the borders, that no Officer or Soldier do attempt to imbeazill or purloin any part thereof, upon pain of death: But shall endeavour themselves to the uttermost of their powers, to keep the same together, to be disposed at the direction of me the Lord deputy, or any other by me thereunto authorised. 31 Item, That no Captain, Officer, or Soldier, or any other that shall take any Prisoner, shall presume to deliver upon ransom, or conceal him, but that within four and twenty hours, he shall make the same known to the Lord deputy or chief Commander, and deliver the same Prisoner under the charge of the Provost Martial upon pain of death. 32 Not inhabitant in City, Town or Country, shall presume to receive any Soldier into their service, not having a sufficient authority, and Passport, neither shall any conceal or hide any such run away, or use means, to convey them out of the kingdom, or to any other secret place: But shall apprehended all such, and deliver them over to the Provost-marshall, upon pain of imprisonment, and such other punishment as shall be thought fit by the Lord deputy, or other chief Officer hereunto authorised to be inflicted. 33 Not Magistrate or Officer of any City, or Corporate Town, shall presume to imprison or detain the body of any Soldier above four and twenty hours, or to inflict any punishment upon him for any offence, but shall deliver all such to the Provost-marshall to be tried by the speedy course of Marshal law. 34 All Captains shall be diligent in training their Companies, and shall be careful in governing them well, and in providing for them, and also shall see in all services, that they do the duties of Soldiers, as they will hope for favour and advancement, or escape ignominious displacing from their charges. 35 All Captains and other Officers, that for the time shall have Command of Companies, shall see their Companies, do orderly quarter, as they are appointed, and to entrench and fortify, as much of the Quarter as they are appointed, and as they are commanded, upon pain of loss of their places. 36 Not man shall spoil, or take the goods of any that dyeth, or is killed in service, upon pain of restoring double the value: But the goods of such as die in the Army or Garrison, if they make any will by writing or word, shall be disposed according to the Will, if they make no Will, it shall be distributed to the hurt, sick, and poor of of the Company whereof the Soldier was, or shall go to the Hospital of the Army. 37 Not man shall enter or go out of the Army, but by ordinary ways, upon pain of imprisonment. 38 Not man shall give any disgraceful words, or commit any act to the disgrace of any person in his Army or Garrison, or any part thereof, upon pain of imprisonment, public disarming and banishment from the Army, as men for ever disabled to carry Arms, And as I forbidden all men under my rule, to renew any old quarrels, or to begin any new, So I do acquit and discharge all men that shall have quarrels offered to them, or challenge made to them of any disgrace or opinion of any disadvantage, since they do but the duties of Soldiers, which aught to subject themselves to marshal discipline, and they that provoke them shall be proceeded withal as breakers of all good discipline, and enemies to the good success of the service. 39 And because drunkenness is the mother of many other vices and disorders in Armies, every Soldier or Officer that shall be found drunk shall be committed to prison for the first offence, and if he fall into it the second time, being a private Soldier, he shall beside his imprisonment forfeit Two Months pay, If he be an Officer, he shall lose his place, The third time shall have such fare greater punishment, as the Marshal Court shall set down. 40 Every private man and Soldier, upon pain of imprisonment shall keep silence when the Army is to take lodging, or when it is marching or embatling, So as the Officers may be heard, and their Commadements executed. 41 Not Soldier serving on foot, shall carry any Boy, nor any Woman shall be suffered to follow the Army, upon pain of such punishment, as shall be inflicted by the Lord deputy, or other Officer. 42 All Captains, Officers and Soldiers, shall do their endeavours, to detect, apprehended, and bring to punishment all offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slackness, and be censured at the Marshall-Court. 43 All other faults, disorders, and offences that are not mentioned in these Articles, shall be punished according to the general Customs, and Laws of Wars: And therefore I command all Men, to look to their charge, and him that hath no charge, to look to his own carriage, and to keep himself within bounds of duty, for the discipline of War shall be strictly kept, and the laws thereof, severely executed. 44 Not Victualler shall presume to issue or cell unto the Soldiers, or to the Companies, unsound, unsavoury, or unwholesome victuals, upon pain of imprisonment, and such other punishment, as by a Marshall-Court shall be thought fit to be imposed, upon him or them that shall so offend. 45 Not Captain, Lieutenant, or other Officer of the Army, shall in the tender and presentment of their Musters, use any fraud, practice, or deceit whereby the Muster-Master his Commissaries, or Deputies may be misled, mistaken, or prevented, of the due understanding of the true estate of of that Company, upon pain of the loss of his place, and such other ignominious punishments, as by a Marshall-Court, shall be thought meet. 46 Not Muster-Master, shall either for favour, friendship, love, or hatred, or any other by respect whatsoever, impose a less or greater check upon any Captain or Officer, than his default shall justly merit, nor get any check at all, where no defect or fault shall appear, upon a due view taken of the Company. And that no check shall be imposed by discretion without view, upon pain that every offender that shall be found to transgress in all, or any part of this Article, shall forfeit the place which he holdeth, and be further subject to such corporal, or pecuniary punishment, as by the discretion of a Marshall-Court shall be thought convenient. We require the Marshal of the Army, the judge-marshall, the Captains of Horse and foot in his Majesty's pay, and all other his Majesty's Officers in this Kingdom whom it may concern, to observe these Laws, and to see them put in due execution from time to time. Published the 11. day of june. 1625. HENRY FALKLAND. God save the King. Imprinted at Dublin by the Society of STATIONERS, Printers to the King's Majesty. Anno 1625.