ORDERS AND institutions OF war, Made and ordained by His majesty, And by Him delivered to His general His EXCELLENCE The Earl of Newcastle.  
With the said Earls Speech to the Army at the delivery and publishing the said Orders prefixed.  
Printed for J. Johnson. 1642.   

Orders and Institutions of War.  

INprimis, it is by us ordered, That no colonel captain or other Officer or soldier, shall be admitted into our service, but such as shall take the oaths of Supremacy and Allegiance.  
2. No Papist of what degree or quality soever shall be admitted to serve in our Army.  
3. All Colonels are commanded to have a special care that the due service of God be performed in their several Regiments, by the Chaplains to each Regiment every Sunday twice, except some contingent occasion of moment be a lawful impediment for their forbearance.  
4. All Colonels, lieutenant Colonels, captains and other inferior Officers are commanded to repress all disorders in their several quarters, as they will answer the contrary to our council of War if the default be found in them.  
5. Whosoever shall presume to swear or blaspheme the name of God in our quarters; for the first offence shall suffer twelve hours' imprisonment; for the second, he shall suffer four and twenty hours' durance; and for the third he shall be whipped and cashiered our Army.  
6. Whatsoever soldier shall be found drunk and so neglect his duty, shall be punished at the discretion of our Court of War, according to the heinousness of the fact, and the detriment arrived by his default to our service.  
7. What captain or other Officer that shall inflict punishment, or strike any soldier without good cause of offence given; for such punishment or blow shall upon complaint made receive censure from his superiors.  
8. What captain or other superior Officer or inferior, that shall detain the soldiers pay after 'tis delivered to him by our Treasurer or his subordinate Officers, upon complaint made shall make full repayment of such moneys and then be cashiered our service.  
9 Whereas there is and hath been in most services divers enormous abuses committed in Musters by Muster-Masters, Commissaries and Officers for that purpose, making their Companies seem complete by men hired out of other Companies: We do therefore command all Colonels, Captains, and other Officers, to take especial care that their Companies be full, and no such enormities committed: Every Muster-Master so offending being liable to capital punishment, and every man so hired shall suffer death, for his second offence; for his first, lie in Irons during ours or our general's pleasure.  
10. What soldier soever that shall presume to steal from or plunder any of our good Subjects in his march, or in any town where he is billeted, shall suffer death, if the thing so stolen or taken be above the value of twelve pence, if under, he shall be punished according to the discretion of his Officers.  
11. Whosoever shall wilfully act any murder upon the persons of any of our good subjects, soldier or other shall suffer death.  
12. Whosoever shall force or ravish any woman within our quarters, or any other place, shall suffer death.  
13. Whosoever draweth any sword in the presence of our general to do any harm with it, shall lose his hand.  
14. Whosoever draweth his sword when his Colours are flying, or upon any march, he shall be harquebusered: if it be done in the place where he is billeted, he shall only lose his hand and be banished our quarters.  
15. Whosoever draweth his sword in the quarters after the watch is set, with intention of mischief to any, shall suffer death.  
16. No man shall hinder our provost-marshal or his inferior Officers from execution of any charge given them by our general, who presumes to do it shall suffer death.  
17. All that is to be published and made known to all men, shall be openly proclaimed by sound of Drum or Trumpet, that no man plead ignorance for the neglect of his duty. Who so is found disobedient shall be punished as the fault is of importance.  
18. No man shall presume to make any Alarum in the quarter, or shoot off his Musket in the quarter but shall be severely punished.  
19 After advertisement is given to set the watch, he that shall absent himself without some lawful cause, shall be punished with Irons.  
20. He that is found sleeping upon his watch in any place of danger shall be harquebusered.  
21. He who shall come off the watch where he is appointed to stand, or he who shall drink himself drunk so long as he hath the guard shall be harquebusered.  
23. Whosoever repairs not to his Colours when he hears the Trumpet sound or Drum beat shall be punished with Irons.  
24. Whensoever a march is beaten, every man shall follow his Colours, neither shall any through presumption stay behind without leave, upon fear of punishment.  
25. If any stay behind in a mutinous fashion he shall be punished with death.  
27. He who doth run from his Colours in the field, shall be punished with death; and if any other soldiers kill him in the mean time, he shall be free.  
28. When occasion of service is, he who doth first run away, if any can kill him he shall be free.  
29. What Regiment or Company shall begin any mutiny, the first beginner shall be punished with death, and the rest that consent to him shall be punished according to the discretion of the council of War.  
30. Whosoever soldier or other that shall directly or indirectly hold intelligence with the enemy, or disclose any of our secrets to them or any of them, shall as traitors be punished with death.  
31. What Regiment of Horse or Foot shall treat with the Enemy, or enter into any league with him without our leave or our Generals, shall be punished with death.  
32. Whosoever shall give over any of our towns to the Enemy that may be defended against them, unless in case of necessity shall be punished with death.  
33. No man shall presume to send any challenge to any other of his fellows, nor to fight any duel in the quarters or without, upon pain of death.  
34. They who shall hold any manner of conference with the enemy, without licence from our general, shall be punished with death.  
35. Every one that shall not be contented with that quarter which is assigned him shall, be accounted a mutineer.  
36. If any cast away any of his arms, either in the field, or in the quarters, he shall be whipped thorough the quarters, as an example to others.  
37. He who doth pawn any of his arms, or any ammunition whatsoever, or any other necessaries whatsoever used in the field, for the first & second offences shall be whipped thorough the quarters, for the third time he shall be punished as for other theft: Also he that bought them, or took them to pawn, be he soldier or victualler, or other, shall lose his money, or be punished as he who pawned or sold them.  
37. No man shall presume to set fire on any town, village, house, barn, outhouse, haystacke, or Mill of any of our Subjects, whoever shall be found guilty of any such crime, shall suffer death without mercy.  
38. No man shall presume to wrong any who hath our Warrant or our generals for his safe passage, be he friend or enemy, upon pain of death.  
39 He who doth beat his host or Hostis, or any of their servants, the first and second time, shall be put in Irons; the third time he shall be punished at the discretion of our Officers.  
40. None shall presume to wrong any man that brings necessaries to our quarters, nor take his horse from him by force, whosoever doth, shall be punished with death.  
41. No soldiers shall come to the muster, but at what day and hour they are commanded: no colonel nor captain shall presume to muster his men without command from our general.  
42. If any horseman do borrow either Horse, pistol, Saddle or Sword to muster withal, so much as is borrowed, shall be forfeited, and he that doth it shall be put out of our service, and he that lendeth them shall forfeit one half to the captain, the other half to the Provost.  
43. If it can be proved that any horseman do spoil his Horse willingly of purpose, to return home, he shall be held a coward, lose his Horse, and be turned out of the service.  
44. No soldier whatsoever, Horse or Foot, shall be cast off by his captain, or any inferior Officer, without consent of the colonel.  
45. No colonel nor captain shall licence any soldier, either Horse or Foot, to depart the field without leave of the general, as he will answer the same, and incur our displeasure.  
46. Any soldier, Gentleman or other, that shall be maimed, or lose any limb in this our present service, shall have a competent pension allowed him to subsist upon during his life.  
47. If any captain, or other Commander, do lend his soldiers to any other captain, it shall be done in the presence of our Muster-masters, that so our service be not neglected.  
48. All our soldiers We do hereby strictly require to avoid all quarrels and offences one to another, to give due obedience and fit respects to their captains, lieutenants, ensigns and other inferior Officers.  
49. We also require, and strictly command all ensigns, lieutenants, captains, to give the same respects to our officers of the field; as sergeant-majors, lieutenant-colonels and colonels.  
50. As we expect they and all the rest of our Army by our express command, do the right Honourable, Our trusty and well-beloved x and councillor, William Earl of Newcastle, his Excellence, whom we have constituted and ordained general of all our present Forces.  
51. And we do hereby will and require our said trusty and well-beloved Cousin and counsellor, William, Earl of Newcastle, his Excellence, our general, so constituted and ordained, to see all these, and all other our Ordinances of war whatsoever, put in execution by his immediate officers, that so our Cause may succeed prosperously, and We, with the almighty's assistance, be victorious over all our Enemies.    

His Excellence, the Earl of Newcastle's SPEECH to his Colonels, and other Commanders, at his receiving the charge of general, and the precedent Orders from his majesty.  
LOrds and Gentlemen, my Noble Friends and fellow soldiers, I could have heartily wished, that either the Earl of Lindsey, who before commanded you, had evaded his untimely destiny; or th●● his sacred Majesty had been pleased to have conferred the successive managing of this office to one of better abilities than myself but since I am invested with this charge, I shall study to demean myself like a faithful Subject to my Prince, a true legitimate son to my mother the commonwealth, and a just and loving chief to you all; to use incouragementsses to men of fortitude, is an implicit diminution to their valours. I shall not therefore so much undervalue yours, as to intrude an exhortation upon your courages, only I shall desire you will keep those men under your commands free from disordiers, performing with all care and diligence, these Institutions which I now as your general am engaged to deliver to you from his sacred Majesty: we are here in our own country, a sad and lamentable affair it is in arms, and must employ our hands against ourselves, our brothers; if we must fight, I make no doubt of your deportement in the affairs of war, but could heartily wish, and so I hope you do all wish with me, that we might be happy in a fair and sudden atonement between his Majesty and his high Court of Parliament; 'tis not improbable, but it may be effected, if not, I hope you will all fight as valiantly as I shall lead you on resolutely, and (if it so please God) bring you off with safety.  
FINIS.