LAW AND ORDInances touching military discipline. Set down and established the 13. of August. 1590. Translated into English by I. D. Imprinted at the Hague by the widow & heirs of the deceased Hillebrand jacobs' van Wouw, Ordinary Printer to the high and mighty Lords the Stats General. Anno 1631. Cum Privilegie. WHereas by daily experience, many disorders are found, to grow amongst those that bear arms, tending to the great damage of these Countries, and prejudice of the gouvernement 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 th'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 have from point to point strictly observed and followed by all those that bear arms in their service, To which end it shallbe every where published, and accordingly sworn to by the soldiers. I. FIrst he that shall take the Lord's 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 seconde time shall have a glowing iron thrust through his tongue, them be stripped to his shirt, and so banished out of the united Provinces. II. The like penalty shall they incur, for the first and second times, who shall either do or say aught in despite, or derision of God's word, or the Ministers of the Church. III. All wilful murders, rapes, adultery, fyring of houses, the very, violence, outrage, falsehood, and other like bad facts, and open offences, or unnatural abuses, shallbe punished with death. FOUR None shall any way outrage, strike, knock, beat, threaten or dishonestly touch any widows, married or unmarried women, such as are in childbed, or with child, nor any young children, on pain to be discharged without money or passport, 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, sound whipped and banished. V He that shall have done or conspired aught against the States, the Country, Towns, or other places thereof, or against any Governors, or Captains in the same, whereby the public state of the Land may be in any sort endamaged, or endangered: as also whosoever shall consent thereunto, shall without any mercy be hanged. VI The like punishment shall they also incur, whosoever coming to the knowledge of any such matter, shall not reveal it to their Captain, or chieff Officers. VII. None shall raise any mutiny, or make any unlawful assembly, on whatsoever secret, cloaked, or other purposes: nor for what cause soever it be, without order from their Commanders, on pain of hanging. VIII. In like sort shall they also be punished, that shallbe 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 shallbe at the like seditious meetings, shall receyve punishment before all other soldiers, except those (that are no authors thereof) IX. He that shall speak ill of the States general, or particular, the Council of State, or other Superiors, or shall speak aught to despite or deride any of them, shall without mercy be punished with death. X. He that shall have spoken any words tending to sedition, mutiny, or disobedience, or that having heard such words, and shall not presently acquaint his Cap. therewith, shallbe punished with death. XI. In like sort shall they also be punished, who rehearse any such words in presence of private soldiers, either of themselves, or by suggestion of others, or practise aught, whereby any mutiny or sedition may grow. XII. No man, be it out of guarded, or besieged places, or in other like cases, shall 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 public, without the consent first had of his Gouvernour or Cap. or that he make it forthwith known unto him, unless he be thereto authorised. Neither shall any man be adherent or in any sort assistant to the enemy, on pain of death. XIII. Likewise none shall 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. XIIII. None shall in going, departing, lying still, mustering, or in garnison do outrage or spoil to the inhabitants of these Countries, their favorours' or confederates, or take from them any victuals, money, or aught else, without paying duly for the same, nor yet throw down, or spoil any watermils 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 Officer, on pain of death. XV. Like wise none shall either do or practise aught against any persons, Towns, Villages, Forts, Havens, or whatsoever goods warranted by pasportes or other assurances from the Generality, on pain of death. XVI. 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 passport from his Cap. or Commander, and failing therein, shallbe punished with death. XVII. Whatsoever Cap. shall entertain soldiers without a lawful discharge from their former Cap. shallbe punished with death. XVIII. If any soldier (serving on horse or foot) shall knock or strike his host, hostess, their man or mayde-servant, he shall for the first time be kept three days at bread and water, the second, make an honourable amendes, and before the whole watch be disarmed, and then banished out of the Company, And if the party so stricken be maimed, or blood drawn, then shall the soldier offending have his hand stricken of. XIX. Whosoever shall have taken or stolen any victuals, or other provisions brought up, towards the Camp, Garnison, or any Towns, or places under the jurisdiction of the States general, shallbe hanged. XX. Likewise none shall out of the Camp or Garnison forcibly take or else buy up before hand, any victuals or goods bound thitherwards, before the same shallbe brought to a fit place for sale, and taxed: Neither shall he rob any , shop, tent, Victualer, or Marchand that is there for the help of the Camp or Garnison, on pain of death. XXI. He that shall go out of the quarter from his Colours, or Garnison, further than a Canon-shot, without his Cap. leave, shallbe punished with death. XXII. Whosoever shall go out of the Camp, besieged town, fort or other place, without the special consent of his Cap. or Officer, for any cause, be it for forage or aught else, shallbe hanged. XXIII. Whosoever shall take any Cat-tail, or beasts within the lands that lie under the obedience of the Generality, shallbe punished as a Thief. XXIIII. He that in marching by land towards the field, or in returning thence, shall forsake his Colours or Cornet, shall without any mercy be punished with death. XXV. And whosoever (not being visited with manifest sickness, and the same known to his Cap. or Commander) shall keep along with the baggage, or ride on the wagons, shallbe disarmed before the whole Company, and then banished without money or passport. XXVI. If any shall neglect his watch, or other service committed unto him, he shallbe punished with death. XXVII. If any soldier shallbe found sleeping on his sentinel, he shall without any mercy be punished with death. XXVIII. Whatsoever soldier shall, either by day or night depart from his sentinel, where he hath been placed by his Corporal, unless he be called thence, or relieved by the said Corporal, shall receive punishment of death without any mercy. XXIX. None shall declare or make known the watchword to the enemy, or any other, nor give any other word than is given him by the Officer, on pain of death. XXX. Whosoever shall absent himself out of the Court of guard above two hours in the day time, or any with in the night without his Corporals leave, shallbe punished with death. XXXI. None shall without lawful cause raise any tumult, or alarm, nor discharge a piece by night, nor make any noise, nor do aught else, where by the same may grow (without cause) on pain of death. XXXII. He that shall presume within the Camp, Quarter, or place, where he lieth in garnison, as also after the watch is set, to draw his weapon shall forfeict his life: as also if he do it out of the Camp, Town, or place, without leave of his Officer. XXXIII. He that shall strike any man with his sword undrawne, or with a cudgel, stone, or otherwise, that blood follow, shall lose his hand. XXXIIII. He that shall give any one a box on the ear, shall in presence of the Company take the like box again of the party so wronged, and besides be disarmed and banished the Company. XXXV. No soldiers shall without order from their Chiefs, Captains, or Commanders hold any common meeting or gathering together, be it to demand money or aught else, nor yet be present at such assemblies, on pain of death. provided always, that such Capt. or Commanders as shall suffer the same to happen at undue seasons, and in unlawfulwise, shall (for an example to others) be punished with death before all the soldiers. XXXVI. If any shall call for money as they are marching in the face of the enemy, or upon any enterprise, they shall receive punishment of death without any mercy. XXXVII. if it chance that the Monthly entertainment be not paid on the very day, or that it cannot be sent unto the soldiers for some cause, be it through any hindrance of the enemy, or otherwise, none shall therefore make any tumult, or speak seditious words, or seek to force his Captain to the payment thereof, neither yet any whit the less discharge and have care of his marches and watches, but contenting himself with a reasonable loan, until the money become, or may come shall fully perform the duty required of a good soldier. And whosoever doth the contrary, or accompanieth those that do it, shallbe punished with death. XXXVIII. No Captains, Lieutenants, or Ensigns shall depart out of the place where their Companies lie in garnison, whether it be to solicit for payment of their said Companies, or for their own business, without leave of their Commander or Governor, on pain of death. XXXIX. He that shall in any quarrel, fight, or otherwise call those of his nation to help, or gather an assembly, shallbe hanged. XL. He that shallbe found by day or night out of the camp or place besieged, without his Captain's leave, shallbe punished with death. XLI. Whosoever shall go on fre-booting, and commit spoils, extorsions, and theft, shallbe hanged. XLII. If one soldier challenge another into the field, without leave from him that commands in that quarter, he shallbe punished with death. XLIII. If any Corporal or other commanding the watch, shall suffer towe soldiers to go forth to fight, he shall without mercy be punished with death. XLIIII. Any soldier being wronged by word or deed he shall repair to him that commands in the quarter, who after the hearing of both parties shall cause satisfaction of the wrong to be made unto the party interessed, with bare head, and in presence of the whole watch: And if he find cause, shall also disarm the wrongdoer, and banish him out of the Company. XLV. And if there be no witness of the quarrel, then shall the said Commander cause the parties to agree in his presence, whereto if they will not condescend, then both, or he that denies it, shallbe disarmed and banished out of the Company. XLVI. Whatsoever soldier or Commander shall go out of the camp, Town, or fort, or enter thereinto by any other way, then at the ports and and ordinary entrances, shallbe hanged. XLVII. If any soldier shall refuse the command of his Cap. or any other, who commands over him in the service of the State's General, and not perform the same, he shallbe punished with death: as he like wise shall, who transgresseth any off the General's commandments published by sound of drum or trumpet. XLVIII. At the sounding of any alarm every one shall resort to his Ensign, or Cornet, and whosoever comes not thither (unless it be on apparent necessity) or runs to an other place without consent and special order from his Commander, or comes not so soon as his Ensign, shallbe punished with death. XLIX. Every soldier shall aid and defend his Colours by day and night, and on the first warning repair unto them, not departing thence, until it be brought into a place of safety, on pain of death. L. If any shall departed out of the order, or rank wherein he is placed, unless it be on necessary occasions, and that he hath therewith acquainted his Officer, he shallbe punished with death. LI. He that shall first begin to fly in a battle or assault, may lawfully be slain thereupon by any one: And if he escape, he shallbe declared a villain, and receive punishment of death without mercy. LII. None that is apppointed to the defence of any breach, trench, or sconce, be it Cap. or Soldier, shall willingly forsake the same, or through any false or coloured occasions, or excuses absent himself from thence, without sufficient order, or warrant allowed by the Council of war, on pain of death. LIII. None shall surrender or deliver to th'enemy any place, the keeping whereof is committed unto him, on pain of death. LIIII. Likewise none shall run from his quarter in a besieged place, cry for composition, or speak thereof, be unwilling to fight, labour, or defend their quarter, or make others unwilling thereunto, or do aught else in such a place, whereby the defence thereof may be hindered, on pain of death without any mercy. LV. If any man run away to th'enemy, or in such his flight be taken by th'enemy, he shallbe punished with death. LVI. No Captains shall seduce, or entice away each others Soldiers, on pain of death. LVII. Whosoever shall by word or deed busy himself with the Sergeant Maior doing his office, be he Captain or Soldier, shall without mercy be punished with death: As he also shall, who will not content himself with that quarter, or lodging, whereto he shallbe apppointed by the Quartermaster or Furrier, or who will disturb another man in his place. LVIII. If any soldier having the wacth, shall come to his Colours not fully armed, to march with the rest unto the watch, he shall 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 suffer death. LIX. 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 shallbe taken of th'enemy, on pain of forfeicting the said prisoners, and to be punished besides with death. LX. And if any shall take prisoner a General, Commander, or other man of account of th'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, receyving therefore a reasonable reward according to the quality and ability of the prisoner: provided that it exceed not the some of 5000. gilderns: And so the said prisoner shallbe at the disposing of th'aforesaid States, and he that took him, pretend no farther interest in that behalf. LXI. Likewise none shall 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 in the quarter, on pain of being disarmed, and banished out of these countries'. LXII. And if any prisoners be found, walking along the Camp or place of garnison, without leave of the General, or him that commands there, he to whom the prisoner belongeth, shall forfeicte him to those, who shall first lay hands on the said prisoner. LXIII. Concerning lawful pryzes, whosoever bring in the same, shall acquaint therewith the General, or him that commands in the quarter, within three hours after their return, to th'end they may be accordingly registered, on pain of forfeicting the same, and to be besides punished on the body. LXIIII Whosoever shall have gotten any thing upon the enemy, and giveth not notice thereof as aforesaid, that it may be registered, and after sold in the Camp or place of garnison, but shall sell, or cause it to be sold in the places or towns near thereunto, shall without any mercy be punished with death, to th'end that better order be held in all, and no man wronged in his right. LXV. When a soldier shall have done any offence or fault, his Captain shallbe bound (on pain of three months suspension from his charge) to deliver the said soldier into the General's hands, or his that commands in the quarter, who with the Captames, Lieutenants, and Ensigns then present, shall upon th'information, which he shall cause to be taken thereof, judge according to these orders and laws. LXVI. He that is dronk on his watch-day, shallbe cassiered, and banished out of the Company. LXVII. Item if any one drink himself drunk, and in his drunkenness commit any ill or aught forbidden, he shall not thereby be excused, but so much the more sharply punished. LXVIII. If any Cap. or soldier shall refuse the muster or reviewe, he shallbe cassiered. LXIX. None shall 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 musterday lend the like, on pain of being disarmed and banished out of the Company. LXX. None shall let himself be entered, or muster under tow Companis, on pain of death. LXXI. None shall diminisch 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. LXXII. None shall likewise take or pawn any soldier's arms, on pain of losing double the worth of the pawn. LXXIII. None shall 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. LXXIIII. None shall by cozenage 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 th'offense. LXXV. He that shall presume to set upon a Commissary of the musters, or wrong him either in word or deed, shallbe punished with death. LXXVI. If any Captain give his soldiers less than the pay allowed him by the States, he shallbe disgraded. LXXVII. If any soldier proffer to draw his weapon against his Chief, or Commander, he shallbe punished with death. LXXVIII. If the Provost or his Officers apprehend one or more soldiers, none (of what degree soever) shall oppose himself thereagainst, or rescue, or attempt to rescue the said prisoners, on pain of death. LXXIX. Furthermore, no Officer nor Gentleman of any Company, of horse or foot, nor any common soldier shall victual in any Camp, without the General's special consent, on pain of being disarmed. LXXX. Likewise all Victuallers that victual in the Camp, shallbe subject to th'aforesaid articles and the Council of war there being, on the penalty here in contained, and shall not draw any wine or beer for any one in the evening, an hour after the Sun's setting, or in the morning as much before the rising thereof, on pain of forfeicting 3 gilderns for every time they shallbe found to have done so: the said forfeict to be converted, th'one half to the Provosts behoof, and th'other to the relief of the poor. LXXXI. All other abuses and offences not specified in these Orders, shallbe punished according to the ordinances, laws, and customs of the war. LXXXII. And if any soldiers should not be present at the proclaiming of these orders and laws, they shall notwithstanding be as much bound to th'observation of them as the other who were present. But to th'end none may pretend ignorance, and every one have notice thereof, the States general have given order, that the same shallbe every where published on the musterday, and charged the Commissaries to cause all the soldiers 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 farther apppointed, that these orders and laws shallbe published both in the Camp, and wheresoever else it shallbe meet and requisite, and that at every muster the Commissaries shall read, and propound the same agarne unto the Companies. The 13. of August 1590. By order of the Council of State. Chr. Huyghens.