ARTICLES OF MILITARY DISCIPLINE.  
When thou goest out to battle against thine enemies, be not afraid of them, and keep thee from every wicked thing.  Deut. 20.1. and 23.9. 
EDINBURGH, Printed by james Bryson, ANNO DOM. 1639.   

ARTICLES OF MILITARY DISCIPLINE.  

Ecclesiastical Discipline.  I. THAT in every Regiment under a Colonel, there be an ecclesiastical Eldership or Kirke Session, consisting of the Minister or Ministers of the Regiment, and of Elders to be chosen to that effect; who shall sit at their appointed times, and judge in all Kirke affairs, according to the word of GOD, and the rules and order of Discipline used in the Kirke of SCOTLAND for censuring of delinquents, as fornicators, whoremongers, adulterers, swearers, cursers, drunkards, profaners of the Sabbath, and all scandalous persons, that they may be brought to repentance: or being found obstinate and incorrigible, that the extreme censures of the Kirke pass against them. And that all things be done herein, as in every parosh in the time of peace. Also, that tender care may be had of the poor and needy, and of all such as are not able, or may be disabled to help themselves: There be some Deacons appointed in every Regiment according to the order used in particular paroshes and that in matter of greatest weight, there be a general Eldership, or common ecclesiastic judicatory, made up of all the Ministers of the Camp, and of an Elder direct from every particular Regiment, who shall choose their own Moderator and Clerk, have power to set down order in matters ecclesiastical for the whole Army: that there may be an uniformity of worship and of Discipline. To whom appellation may be made from the inferior Sessions and elderships.  

The Courts of justice.  II. It is ordained also for deciding of all controversies, and that the following articles of war and camp Discipline may be the better observed and obeyed. That there be in the Army two courts of justice: one higher and another lower court: In every Regiment there shallbe a lower court, where the Colonel shall be precedent, and in his absence his Lieutenant, with them are two Captains to be joined, two Lieutenants, two Ensigns, four Sergeants, and two Quartermasters, that together with the Precedent they may be to the number of thirteen at least.  
In the high martial court shall the general be Precedent, and in his absence the field Marschall, his associates shall be the General of the ordinance, Sergeant-major General, General of the horses, Quartermaster General, Muster Masters, and all the Colonels, or their Lieutenants in their absence, all these shall sit together every man in his own place and rank, whensover there is any matter of great importance in controversy both in the higher Court and lower, there shall be one sworn Secretary or Clerk appointed, who shall not only make note of the process and sentences, but shall also make diligent record of all notable things that fall out in the army, whither in any pitched battle, skirmish, leaguer, or any other piece of service whatsoever, with all the circumstances of time, place, or persons; he shall also set his hand to all sentences signed by the General, and keep a true register of all interprises, that the General with his council of war, shall give order to be done. It shall be lawful also in all civil and criminal actions of great importance, to make appellation from the lower to the higher Court: The sentence of the court shall be publicly read in the hearing of all men, but not put in execution, till the General give command. No superior officer, Colonel, or Captain, shall solicit for any man, that is lawfully convicted by the Court, either for any crime, or for not observing the articles of war, unless it be for his very near kinsman for whom nature compelleth him to interceded; otherwise, the solicitor shall be holden as odious as the Delinquent, at least shallbe cashiered from his charge. The foresaid judicatories as well of the Kirk matters, as of war, shallbe subject to the council of estate, and general Assemblies respectiuè.  

The oath of the judges.  III. All the judges both of the higher and lower Court shall solemnly swear before GOD this following oath:  
I N. N. Do here promise before God, that I both will and shall judge uprightly, in all things that shall be presented before the Court, according to the law of God, the laws of the Kingdom of Scotland, and the articles of war agreed upon, so fare as I have knowledge or understanding, neither will I for favour or hatred, for good will or evil will, for fear, for revenge, or for any gift or bribe whatsoever, judge wrongously, but judge him free that aught to ●e free and doom him guilty that I find guilty, as the great God the Lord of heaven and earth shall help me, and be my judge at the great day.  

The oath of the officers and soldiers.  FOUR All the officers and Soldiers that shall be admitted, shall with lifted up hands in all reverence swear this following oath.  
I N. N. do here promise and swear, that unto the kingdom of Scotland I will be a faithful servant according to the Covenant, and unto the General of the army I will be a true and faithful Soldier, every manner of way doing my best endeavours for the good of the Kingdom, and obedience of the General: to my power, also, shall I hinder all actions prejudicial to the Kirk and Kingdom; and if I have tidings of any thing of that kind I shall give notice thereof to some one or other of the council of war. Moreover, I will do my best to observe carefully all the Articles of war, and points of camp Discipline: I shall behave myself manfully in battle, skirmishes, and every piece of service in all times and places, when and where I shall be commanded: I shall keep watch and ward, and do all other duties willingly, as I shall be directed: I shall carry myself obediently toward my superior officers, in all that they command me for the service of the Kirke and Kingdom: In like manner, as I shall answer before God, and every honest man, I shall not flee from my Colours, or token whatsoever that I am commanded to follow, nor absent myself from them at any time, so long as I am able to go after them: I shall bestow my life & goods for advancing of this service of the Kingdom, and to the uttermost of my power endure all distresses, that can possibly fall out in the wars, fight manfully to the very last, so fare forth as I am able, or that any true soldier ought to do: Furthermore, if hereafter I be put into any place or charge by the General, or called to any employment, I shall do my best endeavour, valiantly and honestly to acquit myself according to my place. This oath shall I well and truly keep, as the great God, the Lord of heaven and earth shall help me at the last judgement.  

Prayers and preaching.  V For doing of service and worship to God Almighty, the Lord of hosts, for whose Covenant this war is under taken, from whom we look for assistance, and on whom the success of war depends; it is thought necessary that there be public prayers, every day morning and evening throughout the whole Leaguer, for which purpose, some token or warning shall be given by sound of trumpet or drum. That on the Lord's day there be public preaching, both before and afternoon, and if the time permit, two days in the week also. If any Minister shall neglect his time of prayer, or preaching, he shall for every absence forfault an half months pay, or as much as may be accounted an half months pay, to be taken up by the Deacons, & at the direction of the Eldership to be distributed to the poor. And whatsoever soldier shall neglect the time of prayer or preaching, shall forfault a days wage for every absence, and if after admonition by his Captain he shall be found guilty of neglect or contempt, he shall lie in prison for the space of twenty four hours, and be further punished, as his fault deserveth.  

No mercat in time of divine service.  VI There shall be no mercat nor selling of commodities whatsoever, after the warning is given for divine service, till it be closed: and if any shall happen to contraveine, they shall make forfault of all things so sold, whereof the one half shall be disposed upon by the General, or such as shall be appointed by him, and the other half to be given to the Deacons for the use of the poor. Over and above which the offender shall for one whole day be put in prison.  
VII. All Officers and Soldiers shall be obedient unto the General and field-marshal with other officers next under them, in whatsoever they shall command upon the pains following.  
Whosoever behaveth not himself reverently and obediently unto the General of the Army, shall be kept in irons or prison, till he be brought to answer before a council of war, where being found guilty, whatsoever his quality be, he shall stand to the order of the council, to underly what punishment they shall think convenient according to his merit.  
Whosoever shall offer to discredit these great officers by word of mouth, or otherwise, and be not able by proof to make it good; and whosoever shall lift up any manner of arms against any of them, whither he do them hurt or not, shall be punished by death. And if any officer do strike any of them with his hand, whither he hit or miss, he shall loss his right hand.  
If it shall happen that the General, or any of the great and general officers at any occasion shall offer injury to any noble man, knight, gentleman, or other which standeth not with their honour to put up, Then shall they give in their complaint to the Council of war, where the offender shall answer, and be censured according to the quality and importance of the fault.  
If any Soldier or inferior officer serving on horse or foot, shall offer any injury by word, or deed, to his Colonel, Lieutenant Colonel, Sergeant majour, Quartermaster, Captain or any of his superiors, or shall refuse any duty commanded him, he shall be punished according to the importance of his fault, and if it shall happen that any officer shall command any thing which tendeth rather to the prejudice nor to the good of the public, then shall he who is commanded modestly refuse to obey and presently give notice thereof.  
If any inferior officer shall challenge any common Soldier to be guilty of any dishonest action, he shall answer for it before the court as if he were his equal.  
If any Soldier horse or foot, shall offer to strike his officer that commands him any duty or piece of service, he shall lose his hand and be turned out of the quarter, and if it be done in any fort or beleaguered place after the watch is set, he shall lose his life for it; but if he not only offer but do hurt to any of them, whether in the field, or not he shall be shot to death.  
Whosoever in the presence of the General shall draw his sword to do mischief with it, shall lose his hand: He who shall in anger draw his sword, while his Colloures are fleeing, either in battle or in march, shall be shot to death: He who shall presume to draw his sword in any court of justice, shall lose his life: He that draws his sword in any strength or fort to do mischief therewith after the watch is set, shall lose his life.  

Obedience to the marshals.  VIII. The Provest-marshall-general may apprehend any man by his own authority & keep him in irones or in prison, but by no means may do execution upon him although he be sentenced by the court of war, without first giving notice thereof to the General and obtaining warrant for that effect.  
The same is to be understood of the Provest-marshals of every regiment and company: And if any shall be found to hinder the Provest-marshals when they are to apprehend any man or when they are about to execute any thing that becomes them, they shall not escape unpunished in the martial court.  

Punishment of swearers, drunkards, etc.  IX Common & ordinary profainers of the sabbath, swearers and drunkards, especially such as shall be found drinking in time of prayers or divine service, shall not only be punished in their means, but shall also make their public repentance in the midst of the congregation, and if they cannot be reclaimed, they shall be cashiered and discharged as unworthy to do service in any place of the army.  

Duels and combats forbidden.  X No duel or combat shall be permitted to be fought; If any man offer wrong to another, it shall be decided by the officers of the regiment, the challenger shall answer it before the Martial court. And if any Captain, Lieutenant or other inferior officer shall give leave or permission unto any under their command to enter combat, and doth not rather hinder them, he shall be presently cashiered from his charge and serve afterward as a common Soldier: but if any harm be done he shall answer it as deeply as he that did it.  

No forcing of women, nor suffering of whores.  XI He that forceth any woman and the matter be proved, he shall die for it.  
No whore shall be suffered in the leaguer, but if any will have his own wife with him, he may.  
If any man keep an unmarried woman, he shall either marry her or be constrained to put her away, and make his repentance for his fault.  

Of mustering.  XII All Soldiers shall duly repair unto the general musters upon the day and hour appointed, nor shall any Colonel or Captain of horse or foot keep back his Soldiers from being mustered at the time when the muster masters shall desire to view them, if any refuse, he shall be holden for a mutineer.  
No Colonel or Captain shall lend any of their Soldiers unto another upon the musterdays for the making up of their numbers complete: he that thus makes a false muster, shall answer it at a martial court, where being found guilty he shall be proclaimed a deceaver, after which being put out of the quarter his Colours shall flee no more.  
If any horseman borrows either horse, armour, pistols, saddle, sword or harnise to pass the muster withal, so much as is borrowed shall be eschited, and both himself and he that lent it him, shall be turned out of the leaguer, the one half of the arms forfaulted shall go unto the Captain, and the other half unto the Perforce.  

Of marching.  XIII. When any march is to be made, every man that is sworn shall follow his colours, whosoever presumes without leave to stay behind, shall be punished.  
If any upon mutiny be found to do it, be they many or be they few, they shall die for it.  
Every man is to keep his own rank and file upon the march, and not to put others from their order, nor shall any man cast himself behind, or set himself upon any waggon or horseback: The offenders to be punished according to the time and place.  

Of watching.  XIV. He that after warning is given by sound of Drum or Trumpet for setting of the watch, doth wilfully absent himself without some lawful excuse, shall be disgraced and be put to bread and water, or some such punishment as the matter is of importance.  
He that is taken sleeping upon the watch to the endangering of the army, shall be shot to death.  
In like sort shall he be punished who drinks himself drunk upon his watch or place of sentinel that he cannot do his duty, or that cometh off his watch where he is commanded to keep his guaird.  

Of unlawful reteiring.  XV. Whatsoever regiment shall once charge the enemy, and then retire afterward from them before they come to dint of sword, shall answer it before the high martial court: and if this be occasioned by any officer, he shall be publicly disgraced, and turned out of the leaguer: If the fault shall be found to be in the Soldiers, then shall every tenth man be hanged and the rest condemned to carry all the filth out of the leaguer, till by some exploit they procure their pardon and recover their reputation; provided always, if at the first any man can by the testimony of sufficient witnesses prove himself not guilty of the covarddice, he shall go free.  
If any occasion be to enter any strength or sconce by assault or breach, he who reteires from the place before he hath been at handy blows with the enemy & hath used his sword so far as it is possible for him to do service with it and before he be by main strength beaten off by the enemy, shall be so punished as the court shall find him to have deserved.  

Of fleeing and covarddice.  XVI. Whosoever runs from his Colours and doth not defend them to the uttermost of his power so long as they be in danger, shall suffer death for it.  
When any occasion of service is, he that first runs away, if any man kill him he shall be free, and if at that time he escape and be apprehended afterward, he shall be proclaimed traitor & put out of the quarter.  
Whatsoever ensigne-bearer shall flee out of any place of Battery, sconce or redoubt before he hath endured three assaults and receives no relieif, shall be in like manner punished, providing always the place be defenceable.  
If any regiment, troup or company shall flee out of the field or battle, they shall answer for it before the high court, and if there it can be proved to have broken their oath, they shall be proclaimed traitors.  

Of treating with the enemy.  XVII. Whatsoever regiment, troupor company shall be found to treat with the enemy or to enter in any conditions with them, without knowledge and leave of the General or chief commander in his absence, the officer shall be put to death for it and all his goods confiscated; of the Soldiers every tenth man shall be hanged and the rest punished as is a foresaid.  
But if any that then were in company of such can free themselves from being partakers of the crime and can prove that they did their best to resist it, then shall they be rewarded according to their truth and faithfulness.  
Whosoever gives advice unto the enemy any manner of way or keeps any discourse with him without leave of the General, or giveth unto him any private intelligence by letters or otherways or makes any sign unto him for his advantage shall die for it.  

Of giving up of strengths.  XVIII. They that give over any strength to the enemy, unless it be for extremity of hunger or want of ammunition, the governor with all the officers shall die for it: All the Soldiers be lodged without the quarter and be made to carry all the filth out of the leaguer, till by some new proof of their worth they blot away the former cowardice.  

Of mutiny.  XIX. If any numbers of Soldiers shall without leave of their Captain assemble together for raking mutinous counsel amongst themselves, so many inferior officers as be in company with them shall suffer death, and the Soldiers be so punished, as they that give up any strength: And whatsoever Captain shall permit unto his Soldiers to hold any such meetings amongst themselves, shall answer it before the high court of justice.  
If any shall fall in quarrelling, and fight and shall call for help of his friends or familiars with intention to be revenged or to defend himself, he shall suffer death for it, and they that come to help him shall be punished like mutineers.  
He also shall be reckoned for a mutineer who shall not be content with that quarter or place that shall be assigned him, whither in a town or in the leaguer.  

The keeping of arms.  XX Whosoever casts his arms from him either in the field or other where, shall be scourged through the quarter & disgraced as before, till he redeem his credit.  
He that sells or enpawnes his arms or any kind of ammunition, or any spades, shools, picks, & other the like necessary instruments used in the field, shall be for the first and second time beaten through the quarter, and for the third time, punished as for other thift: He also that buys or takes them upon pawn, be he Soldier or be he victualer, he shall both lose his money and be punished as he that sold them.  
He that wilfully breaks any of his arms or instruments aforesaid, shall not only pay for the mending of them, but shall be put to bread and water, and shall be punished otherwise at the discretion of the court.  

Against fire.  XXI. No man shall presume to set on fire any town or village in the land or camp, if any doth he shall be punished according as the judges shall find the matter important.  
XXII. Billets and lodgings in every place must be directed by the quartermaster or quartermaster generally; No commander or common Soldier shall exact or extort any thing besides what is appointed.  
All must deal courteously with their host and his household servants: He that beats any of them, for the first and second fault he shall be put in irones and made to fast with bread and water, but if he do any of them greater hurt he shall be punished at the discretion of the court.  
None shall presume to do wrong to any that bring necessaries unto the leaguer, whither by taking their goods or by taking away their horses; which who so doth shall be severely punished.  
They that pillage or steal any thing, whither from them that furnish the leaguer or from uther subjects of the kingdom, whither Covenanters or not Covenanters, they shall be punished as for other thift.  

Of the spoil and pillage.  XXIII. If it so please God that we beat the enemy either in the field or in the leaguer, no man shall fall upon the pillage till the enemy be utterly put to the rout; which done, every man may fall upon his own quarter and rest contented with it, without plundering of others: If any man shall fall upon the pillage before the time, and any evil to the army shall ensue upon their greediness after the spoil, then shall all of them suffer death for it, and although no damnage come thereby, yet must they be punished as their fault deserveth.  
When any fort or place of strength is taken in, no man shall fall upon the spoil before the enemy be beaten out of all his holds and the quarters be dealt out and assigned.  
If any be found drunk in the enemy's leaguer before he hath forsaken the same and laid down his arms, he shall be severely punished according to the damnage done by his drunkenness, and although there be no damnage, yet shall he be punished for his drunkenness, especially at such a time.  

Of pay.  XXIV. No Captain shall withhold any off his Soldier's means from him, which if he do, he shall be censured in the court of justice; And if any such evil follow thereupon, as that the Soldiers mutiny, be sick, endure hunger, or give up any strength, then shall he be answerable for all these inconveniences.  
If any Captain lend money unto his Soldiers which he will have paid again, let it be repaid in parcels as the Soldier may spare it, that the common service be no ways hindered or neglected thereby.  
If upon necessity it come to pass, pay be not made at the due time, yet shall every man be forward in his service all having victuals for the present & certain expectation of the means so soon as may be.  
No Captain shall presume to go out of his station to demand his pay without leave of the General, providing he be entertained: who so doth shall be cashiered from his place.  

Of passes.  XXV. No Colonel or Captain shall give leave to his Soldiers to go home out of the field, without leave of the General or chief commander, under the pain of the lose of three Months pay, and to answer it before the court.  
No Soldier shall desire his pass, whilst there is any present service to be done against the enemy.  
If any Soldier desire to be discharged from the wars because he is sick, or maimed, or upon any such reasonable cause, he shall be discharged by warrant from the General.  
If any Soldier shall run away from his Colours, without a pass of his officers, he shall be apprehended where ever he can be found and punished according to the articles foresaid.  
FINIS.