DIEV ET MON DROIT. Laws and Ordinances Of War, For the better Government of His MAJESTY'S Army Royal, in the present Expedition for the Northern parts, and safety of the Kingdom. Under the Conduct of his EXCELLENCE, The Right Honourable THOMAS Earl of ARUNDEL and SURREY, Earl Marshal of ENGLAND, etc. and General of His Majesty's Forces. Imprinted at Newcastle by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. 1639. Laws and Ordinances of War. SIR THOMAS HOWARD, Chief of he Howards, Earl of Arundel and Surrey, First Earl, and Earl Martial of England: Lord Howard, Mowbray, Brews of Gower, Fitzallen, Clan, Oswaldesty, Maltravers and Graystock: Chief justice, and justice in Eyre of all his Majesty's Forests, Parks, and Chases beyond Trent: Lord Lieutenant of the Counties of Norfolk, Sussex, Surrey, Northumberland, Cumberland, and Westmoreland: Knight of the most noble Order of the Garter, One of his Majesty's most Honourable Privy Council in all his Majesty's Kingdoms of England, Scotland, and Ireland, and GENERAL of all his Majesty's Forces in the present Expedition for the defence of this Realm, etc. To all Officers of the Army, Colonels, Lieutenant-Colonels, Sergeant-Majors, Captains, Lieutenants, Ensigns, and all other Officers and Soldiers of Horse and Foot: And to all his Majesty's Subjects, and others, whom these LAW and Ordinances of War shall concern: Which LAW being thus ordained and proclaimed in the Army, all the said Persons, respectively and severally, are to swear unto; and thereafter to observe and keep, upon the pains and penalties to the LAW and Ordinances severally expressed. Concerning Religion: and breach of Moral duys. FIRST, Whosoever shall Against blasphemy. impiously blaspheme the Deity, or ay of the blessed Persons of he holy Trinity, and be lawfully convicted thereof; shall for the first offence make a public acknowledgement with detestation of his fault before the Preacher or his Regiment, and all others present at the time and place of Divine Service▪ and be kept three days in prison with bread and water. The second time, he shall have a red▪ hot iron thrust thorough his tongue; and after that, be ignominiously for ever turned out of the Army. 2. The like penalty shall they incur for the Deriding of God's word, or Ministers. first and second times, who shall either do or say aught in despite or derision of God's word, any known or received Article of Faith, or the Ministry of holy Church, and their Office. 3 Whosoever shall be convicted for a common Common▪ swearing, cursing, and profaning of holy Scripture. Swearer or Curser, or for a profane abuser of holy Scripure, in vain jesting or scurrilous fashion; shall orfeit such a proportion of his entertainment and suffer, beside, so long imprisonment or other punishment; as according to the quality of the person or offence, the Court of war shall adjude it to have deserved. 4 Likewise shall they be punished, that profane, Sacrilege. rob, or ab●● any Church, Chappel, or other place of God's ublike worship; or any thing that is in them or belonging to them. 5 All Commanders and Officers of the Army, Observation of the Lords day, and frequenting of divine Service. are straightly charged, that in their several Regiments, Quarters, and Garrisons, they take care that God Almighty be duly served, the Lords day with other Holy days of the Church, more reverently observed; that Morning and Evening prayers with the Sermons at the appointed times, be diligently frequented, by themselves, their soldiers and servants, so far forth as the necessity of the wars will permit. And that all repair to the places appointed for Divine Service, upon solemn warning given for it, by sound of Drum or Trumpet. 6 And forasmuch as gaming is oft times the Gaming. provocation unto swearing, quarrelling, neglect of military duties with other dishonours of God Almighty, loss to the soldiers, with danger to the whole Army, all common playing at dice and cards, with other unlawful games, are utterly hereby forbidden to the soldiers, especially to the meaner sort: who, if they be convicted to offend herein, shall befirst admonished▪ and if they leave not, they shall be fined, imprisoned▪ or otherwise severely▪ proceeded against, according as the offence and scandal of it shall deserve. 7 All suspicious and common women shall be Whoredom. turned out of the Army or Garrison, so soon as ever they shall be discovered▪ Where, if they be taken the second time, they shall be sound whipped like common strumpets, Soldiers also that frequent their companies, shall be fined and imprisoned; and Officers for the same faults, shall utterly lose their places. 8 All wilful murders, rapes, burning of houses, Notorious crimes. thefts, outrages, unnatural abuses, with other notorious and abominable crimes, shall be punished with death. 9 Whosoever shall dishonestly touch any Abusing of women. married or unmarried woman, women in childbed, or children; shall be cashiered without money or passport; or be otherwise punished, as the Marshal court shall think fitting▪ 10 Whosoever shall be drunk in Camp Garrison, Drunkenness or Quarter, shall be imprisoned and fed two whole days with bread and water: As for common drinkards, they shall be fined and cashiered the Army without pay or passport. 11. Whoever being set Sentinel by his Officer, Drunkenness upon the watch etc. or in his Watch, Guard, March, or other Service, shall be found drunk, shall dye for it. 12 Whoever in his drunkenness shall commit Offences done in drink. any outrage, or do other injury▪ shall be punished both or his drunkenness and offence, according as either of them shall in a Marshal court be judged to have deserved. 13 No enterprise shall be taken in hand, but To pray before the taking in hand of any enterprise. the Company that are to execute the same, shall first commend themselves to God, and pray to him to grant them good success. Concerning the safety of the Army Royal, and of the Kingdom. FIrst, Whoever, in savour of the enemy, Treacherous speeches. or other pretence, whatsoever, shall presume to say, or secretly insinuate to any, that his Majesty's Forces, or Army Royal is unlawful or not necessary, shall suffer as an enemy and rebel. 2 All that conspire against our sacred Sovereign Conspiracies. Lord King Charles, or any of his Majesty's dominions or countries; As likewise against the Lord General, or other Generals, Governors or Commanders in the Army or Garrison; or that shall go about to betray the same, or any part or person of them, or that shall consent thereto, or conceal them; shall suffer death without mercy. 3 All such as by discourse, sign, letter, or Intelligence with the enemy. otherwise, shall practise and entertain intelligence with the Enemy, Rebels, or others in action against his Majesty, without direction from their Commanders, shall be punished as Traitors and Rebels. Assisting the enemy with munition, etc. 4 No man shall assist or relieve an enemy with money, victuals, munition, or other necessaries, upon pain of death, without mercy. 5 Whosoever shall begin or maintain any Mutinies. mutiny or unlawful assembly in the Army or Garrison, shall die for it. 6 Whosoever yieldeth up any Town, Fort, Yielding up strengths, etc. or other strength, unto the enemy, as likewise any Magazine, Victuals, Arms, or Ammunition; or that motioneth any such matter but upon extremity, and that to the Governor, or in Council, shall be executed as a Traitor. 7 Whosoever seeth any chief Officer or Reseves. Commander of the Army in the hands or danger of the enemy, shall, to the uttermost of his power, endeavour to rescue or to fetch him off, upon pain of death. 8 Whoever in the nearness of the enemy, Refusing to repair to the Army, etc. shall refuse to repair unto the Army or place whither he is commanded, or that without order shall depart from them, shall be punished with death. 9 Whoever shall revolt or run over to the Revolters. enemy▪ or that shall attempt it, shall be punished as a Traitor. 10 No man shall bewray the Word unto the Discovering the Word. enemy, or shall give out a false Word in time of Service, upon pain of death. 11 Whosoever shall be convicted to have Sleeping upon the guard. slept upon his Watch, Guard, or sentry; or that shall not have given timely and sufficient warning of the coming of the enemy shall be put to death without mercy. 12 Whoever shall disparage the actions or Disparaging them Commanders. directions of any chief Commander of the Army, unless he be able to make it good, shall die for it. Concerning Captain and Soldiers duties in paticular. FIrst, all Captains, Soldiers, and others, Obedience without resistance. shall yield their obedience to the lawful commands of their Superiors▪ without resistance: neither shall any draw, lift, or offer to draw his weapon, speak, or mutter against his Commanders, or others, correcting them orderly for their offences, upon pain of death. 2 All Soldiers that wilfully, and without Absence from their colours. cause, absent themselves from their colours or company, that goeth to charge or resist the enemy, shall die without mercy. 3 No Captain nor Officer shall defraud Keeping back pay. the Soldier or other person of his pay, upon pain of loss of his place, fine, and imprisonment. 4 No Captain or other Officer shall make False musters. or subscribe false muster-roll, or fraudulently give in more or other names than he hath in his Troop or Company, upon pain of fine, imprisonment, and loss of his place. 5 No Captain, Lieutenant, or other Officer, Officers to serve armed. that aught to be armed, shall come into any battle, skirmish or assault, without their ordinary Arms, upon pain of imprisonment: Nor take upon hit by word or deed to control or hinder the Serjeant-Major in the execution of his office, upon pain of death. 6 No Officer or Soldier shall go upon Word or mark service without the word, and some other mark to be known by from the enemy (especially in night services) upon pain of fine and imprisonment. 7 No Captain, Officer, or other, shall entertain Entertaining other men's soldiers or servants. any other man's soldier or servant, without consent or lawful dismission from his former Captain or Master, upon the penalty of a months pay. Neither shall any soldier or servant depart from his Captain or Master without lawful cause, upon pain of imprisonment, and returning again of Soldiers to their Captains, and Servants to their Masters. 8 Captains and Officers both of Horse and Watching and warding. Foot, shall watch and ward with their Troops or Companies: upon pain of fine, and loss of their places. 9 No Soldier shall march along with the Disarray. baggage, but such as shall be appointed. Neither shall any march out of his array, or straggle abroad from his colours to pillage or plunder, when he is appointed to watch, guard, or to other service, upon pain of imprisonment. And if they be taken in the manner, they shall presently be corrected by their Officers▪ but for the second time they shall suffer death. 10 No Troop or Company shall go forth Designs to be by direction. on foraging, or upon any design or enterprise upon the enemy, without the particular direction of such as command in chief, upon pain of death. 11 No Soldier shall sell, pawn, lend, lose, Making away of arms, etc. give, cast away, play away, or otherwise make away his horse, Arms or furniture, where with he is appointed to serve, nor shall suffer his horse by his default to decay, or his Arms to rust or be broken or spoilt, upon pain of imprisonment and infamy. And that both to the offender, and his abetters and receivers. 12 No private Captain shall give a passport Passports. or licence of departure to his soldier that is able to serve, upon pain of fining and loss of his place. Neither shall any soldier depart from the Army or Garrison without a pass, upon pain of death. 13 No soldier or Officer being once placed Forsaking his colours. in array, either in march or battle, shall refuse to guard or defend unto his utmost, the Standard-royal or other Cornet, Ensign or Colours of the Army: or shall desert, abandon, or run away from any of them, upon pain of death. 14 No soldier or others shall use any shouting, Clamours. noise or clamour, or without cause discharge his piece, either in the march, Quarter, or Ambush; upon pain of being bastinadoed by his Officer; and of imprisonment afterward. 15 No man shall give any Alarm to the Alarms. Army, Garrison or Quarter, but upon just causes: nor shall either give it or take it in any clamourous or tumultuous manner, but shall orderly and quietly with as much speed as he may repair to the place of Arms to answer the Alarm, and to do as he shall be commanded. 16 No man shall challenge or defy another, Challenges. in Camp or Garrison; nor shall accept of the challenge, upon pain of imprisonment and public disarming before his Company: nor shall any, by words or injuries provoke another to the fight or duel; or shall revenge his own injuries or provocations, upon the like penalties. 17 All brawls and quarrels betwixt soldiers, Duels, etc. shall be severely punished. And whoever in such like brawl or quarrel shall kill another, except upon extremity and or defence of his own life he be enforced to i, shall be put to death. And he likewise that striketh his fellow-soldier, after they are put into array of battle. 18 Whoever shall give the lie to any person The lie. of the Army whatsoever, shall be fined and imprisoned for it, at the discretion of a marshallcourt. 19 No soldier or other shall fraudulently or Stealing. thee vishly take any thing away, from any man's person, Quarter, house, lodging, tent, or hutt, upon pain of death. 20 No Companies of soldiers either of Abuses upon the march or quarter. Horse or Foot, in their marching, retreating, or enquartering in or thorough any towns or countries within the allegiance of the King; shall do hurt, spoil, or injury unto the persons, or goods of the inhabitants; upon pain of death, or other such grievous punishment, as the quality of the offence shall have demerited. 21 No man shall burn up any Corn, Hay, Burning of corn, houses, etc. or Forage, or otler Provisions; nor any House, Barn, Mill, or other building that may serve for the use of the Army, upon pain of death. 22 No Soldier shall muster in two Troops Mustering by two names, etc. or Companies, or answer to two names in one Company; neitler shall any Victualler or other that is no Soldier, be allowed to pass the muster for a Soldier, upon pain of death or imprisonment, as the Court shall find cause for it. 23 Whosoever shall set upon, or resist the Commissary of the Musters. Commissary of the Musters, or shall wrong him by word or deed in the execution of his office, shall be put to death. 24 Whatever Muster-master for hatred or Cheques. for favour, shall put a lesser or a greater cheque upon an Officer than his fault demerits, or any cheque at all at his own pleasure, without view taking, shall lose his place for it, or at least be liable to such fine or punishment, as in a court-martial shall be adjudged. 25 No Soldier having victuals or ammunition Wasting of victuals, etc. delivered to him for certain days, shall spoil or spend them in less time than is appointed him, upon pain of imprisonment. 26 All Captains and Officers shall be diligent Exercising of Companies. in training and exercising of their Companies; and shall be careful for the well disciplining and providing for them, upon such pains as the Marshallcourt shall think fitting. 27 Every Soldier shall diligently observe Sound of Drums and Trumpets. and learn the distinct and different sounds of Drums, Fifes, and Trumpets, that he may know how to answer and obey each of them in time of service. 28 Every Regiment, Company, and Servitor, Content with their own quarter. either on horse or foot, shall be contented with such quarter, lodging, or billet, as is appointed by the Quartermaster: nor shall any disturb another in his quarter, or take it from him, upon pain of being punished as a mutinyer. 29 Whatsoever Captain or other Officer shall Righting of injuries. do injury to a common soldier, or to other his inferiors: upon complaint in the Marshallcourt, he shall be obliged to condign satisfaction. Concerning the Camp, or Garrison. FIrst, Whosoever shall deal fraudulently or Deceiving trusts. negligently in a trust or charge committed unto him by his Comrade, shall be enforced to make double restitution out of his entertainment, and be further punished by a Court of War, according as his offence shall have deserved. 2 After the watch is set, every man shall repair Quiet after the watch is set. unto his own Quarter, and there use such silence as his neighbour's rest be not disturbed. And all stragglers found abroad after that time, shall be imprisoned until the cause can be examined, and order taken for their further punishment or dismission. 3 No man in Camp or Garrison shall lie Lying out of his Garrison. out of his Quarter, but by leave of him that commands there in chief; nor upon warning or command given, shall refuse or delay to repair thither: upon such pains of fine, imprisonment, or other punishment, as in a Marshal Court shall be awarded. 4 No Soldier or other, shall entertain any Lodging of strangers, spies, 〈◊〉. stranger into his Tent, Hut, or other lodging, without leave of his Corporal or other Officer whom it concerneth, upon pain of imprisonment. But if he be proved to have concealed a spy, he shall suffer death for it without mercy. 5 No man shall pass in or out of the Camp Passing in by the Ports. or Garrison, but by the ordinary and then usual Ports, Avenues or other entrances, upon pain of death. 6 All idle persons, boys or women, which Idle persons. have no particular employment for the necessary and honest use of the soldiers, and which be not allowed, shall be banished the Camp. 7 No Captain, Officer, or Soldier, in Making or ●●p●iring the works, etc. time of necessity and for defence of the Army, shall refuse to make or repair the walls, quarters, or other works and defences about the Camp or Garrison where he is commanded. Be it to work with Spade, Basket, Wheel-barrow, or other instrument or Engine, then used for those purposes: upon pain of fine and imprisonment. 8 No Soldier appointed to stand Sentinel, Sentries an● guards. to lie Perdue, or to guard in such a post or place, shall come off thence till he be relieved by his Officer, upon pain of death. 9 For keeping the Camp as clean and healthy Annoyance as may be, some places shall be assigned to kill beasts in, and for such other necessaries, upon the outsides of the Camp, Quarter, or Garrison. Out of which places it shall not be lawful to do these or other noisome or uncomely offices upon pain of imprisonment. 10 Every Provest Marshal shall take care Cleansing the Quarters. for the cleansing of his quarter, every third day at the least: and shall cause all garbage, carrion, filth, and other noisome offences to be buried. The refusers or neglecters, he shall have power to bring to fine or imprisonment. Which punishment himself also shall be liable unto for neglect of his own duty. 11 No man shall spoil or offer violence to freedom of merchants, ●c. any merchant, victualler, Sutler, or other person coming with provisions to the Army or Garrison, nor shall break open any shops or warehouses, or steal aught out of any house, Tent, hutt, or other place, upon pain of death. 12 No Soldier or other shall break down ●●using of muse's, ●ings, etc. any house that may serve for the lodging or sheltering of the company: nor shall trouble or defile any spring, well, pond, or stream of water serving for the Army, upon pain of imprisonment. 14 Whatever Commissary, Officer or other Deceits of Commissaries, etc. appointed for levyes or musters; or for making provision of Arms, Ammunition, Carriages, Ships or the like, for the Army or Garrison, shall be convicted to have dealt deceitfully or negligently in his charge, shall suffer such fine, imprisonment, or death; according as the crime or dis-service shall have deserved. 15 No Soldier, Waggoner, Conductor of Corn fields. drawing-horses, or other persons having horses in the Army, shall put, or suffer their horses to be put into any corn-grounds: and that upon pain of imprisonment and sufficient satisfaction to the owner. 16 No man bearing Arms, shall tarry above Strangers not to stay in the Army. four days in the Camp or Garrison, or follow the Army, unless he puts himself under some company, or have licence from the General or other, then commanding in chief. Concerning lawful Spoils and Prizes. FIrst, After that the Enemy is driven out of Not to leave rank or Ensign. the field, or that the Camp or town be entered; no soldier shall leave his rank or Ensign to fall upon the spoil or pillage, till the sign be given, or licence be obtained, upon pain of death. 2 Whosoever shall have taken or recovered Prizes. from the enemy or Rebel, any lawful Spoils or Prizes above the value of ten shillings, shall presently upon his return to the Camp, make the same known to the Lord General, or whoever commands there in chief; that the prizes so taken may be recorded, and afterwards be sold in the said Camp or Garrison (and not elsewhere) by sound of Drum or Trumpet. And that upon forfeiture of the said Prize, and such other punishment, as a Council of War shall think fitting. 3 No man having taken any Spy or prisoner, 〈…〉 prisoners. shall presume to keep him longer then conveniently he may certify his Captain or other chief Officer. Much less shall he presume to let him go, upon ransom or exchange; but shall deliver him to the Provost marshal general, upon pain of death. And if such Prisoner be a person of quality, the Taker shall have an honourable reward for his service of the Lord General, or else licence of him to make the best of his prisoner. 4 No Officer or Soldier shall steal, spoil, or Booty. diminish any prey or booty taken or recovered from the enemy, but shall endeavour to keep it entire to be disposed of by the General, or him that commands in chief; upon pain of death. 5 No man shall presume to break, burn, Abuses to Churches or Churchmen. or pillage any Church, School, Hospital or College; nor to tyrannize over any Churchmen, Scholars or poor people, women, maids, or children, upon pain of death, or other such punishment, as in a strict Council of war shall be awarded. Concerning the administration of Justice. FIrst, That such as commit disorders may be detected, and punishment accordingly Disorders punished. awarded; it shall be lawful for the Council of war and the Advocate for the Army, to inquire of the Actors and circumstances of offences committed, by the oaths of such and so many as they think convenient: and shall further use all means for examination and trial of persons dilated, suspected, or defamed. 2. All causes and controversies arising betwixt Causes determined, Captains and Soldiers, and all others within the Camp or Garrison, shall be heard and discussed summarily, and execution done according to the military Laws, by the Council of war, without appeal: unless the greatness of the cause or other circumstances require stay or deliberation. 3▪ All proceeding in the court-martial, And recorded. as well civil as criminal, shall be truly and fairly recorded. 4▪ If any Captain, Gentleman, or Soldier▪ Wills. declare or make his Testament or last Will of the goods he hath in Camp or Fortress, or which he hath got in service, as also of the debts which are owing to him; all shall be recorded in the court-martial, and executed by those that are named Executors. If no Will be made, then shall his goods descend to his wife or next kindred, if he have any. But if he have none, or that none comes to demand his goods within one year, then shall his goods be administered and distributed at the appointment of the Lord General according to the Laws civil, and the customs of the wars. 5▪ No man shall seize upon, spoil, take, or Goods of the dead. conceal the goods of any man that dyeth or is slain in the King's service, upon the penalty of restoring double, whensoever it shall be discovered: and further to be punished at the pleasure of the Lord General, or court-martial. 6 No Captains, Officers, or Soldiers, shall Discovering malefactors. refuse to discover, apprehend, and bring forth to justice, any whom they know to be offenders, as they will answer their neglect before the Lord GENERAL, or Council of war. 7 None of the King's liege people shall Runaways to be returned. conceal, receive into their service, or convey away any Soldiers that have run away from their Colours: but shall be obliged to stay, discover and deliver them, or assist to the delivering of them to the provost-marshal so soon as possibly they may. And that upon pain of imprisonment or other punishment▪ according to the discretion of the Lord General or Council of war. 8 The provost-marshal general shall see all provost-marshal Judgements, sentences and commandments of the Lord General and Council of war put in execution. 9 Every Soldier and others being desired, to be assisted. shall assist the provost-marshal and his Officers, in the apprehending of malefactors, and in the execution of justice, upon pain of imprisonment. Neither shall any rescue a prisoner so apprehended upon pain of death. 10 No man shall interrupt or trouble the Officers of justice to be assisted. Council of war or Officers of justice doing their offices: but upon request made, shall be ready to assist and guard them: upon pain of fine and imprisonment. 11 No provost-marshal shall refuse to keep Prisoners to be safe kept. a prisoner committed to his charge, nor shall dismiss him being once received, without warrant: upon pain of the like punishment, that the party so dismissed or let go, should have endured. 12 Whoever shall presume to draw or present Menacing of justice. any weapon in the Court of justice, and while it is sitting; shall die without mercy. 13 Whatever Regiment, Troop, or Company on Horse or Foot, shall be found culpable in the court-martial for any of the matters in these Ordinances mentioned; all the Officers of such Regiment, Troop or Company, and every tenth soldier thereof, shall be punished with all severity as the nature of the offence shall require: and all other of the soldiers shall be put to do some servile offices in the Army, until by some brave exploit they purge themselves, or otherwise be punished as the Lord General or the Marshallcourt shall think fitting. 14 In whatever cases or accidents that may Cases not here met withal. occur, for which there is no special order set down in the Laws here published; there the ancient course of Marshal discipline shall be observed, until such time as his Excellence, the Lord General shall cause some further Orders to be made and published in the Army: which shall thenceforward stand in force, upon the pains therein expressed. The Oath. I A. B. do swear before the Almighty and everliving God, that I will bear all faithful Allegiance to my true and undoubted Sovereign Lord King CHARLES, who is lawful King of this Island, and all other his Kingdoms and Dominions, both by Land and Sea, by the Laws of God and Man, and by lawful succession: and that I will most constantly and cheerfully, even to the utmost of my power, and hazard of my life; constantly oppose all Seditions, Rebellions, Conspiracies, Covenants, Conjurations, and Treasons whatsoever, raised or set up against his Royal Dignity, Crown, or Person, under what pretence or colour whatsoever: and if it shall come veiled under pretence of Religion, I hold it more abominable before God and man. And this Oath I take voluntarily in the true faith of a good Christian and loyal Subject; without any equivocation or mental reservation whatsoever; from which I hold no power upon earth can absolve me, in any part. This Oath is to be taken by all the Officers and Soldiers in the Army, by his Majesty's express Commandment, as a Touchstone of every man's fidelity and loyalty. The form of this following Oath is to be taken by every Soldier, upon the reading and publishing of these Orders. At which time the Soldiers holding up their hand or fingers, shall say after him that readeth the Oath, in these words following. ALL these Laws and Ordinances which have publicly here been read unto us, we do hold and allow of as sacred and good: and will confirm, fulfil, and keep them to the uttermost of our power: So help us God. FINIS.