Laws and Ordinances OF war, Established for the better Conduct OF THE ARMY, By His Excellency the Earl of ESSEX, LORD general Of the Forces raised by the Authority of the PARLIAMENT, For the defence of KING and KINGDOM. And now enlarged by command of HIS EXCELLENCY; And Printed by his authority, LONDON, For Luke Fawn. 1643. ROBERT, Earl of Essex, Viscount Hereford, Lord Ferrer of Chartley, Boucheir and Louvain: Captain general Of the Army raised by the authority of PARLIAMENT, for the defence of KING and KINGDOM. TO all the Officers of the Army, Colonels, Lieutenant-Colonels, sergeant-majors, Captains, other Officers and soldiers of Horse and Foot, and all others whom these Laws and Ordinances shall concern. Which Laws and Ordinances hereby published to all the said Persons respectively and severally, are Required and Commanded to observe and keep, on the Pains and Penalties therein expressed. Laws and Ordinances of war. Of Duties to God. I. FIrst, Blasphemy. Let no man presumes to blaspheme the holy and blessed Trinity, God the Father, God the Son, and God the Holy Ghost; nor the known Articles of our Christian Faith, upon pain to have his Tongue bored with a rod-hot Iron. II. Unlawful Oaths and Execrations, Cursing. and scandalous acts in derogation of God's Honour, shall be punished with loss of Pay, and other punishment at discretion. III. All those who often and wilfully absent themselves from Sermons, Neglecting Divine Worship. and public Prayer, shall be proceeded against at discretion: And all such who shall violate Places of public Worship, shall undergo severe Censure. Of Duties in general. I. ALL such as shall practise and entertain Intelligence with the Enemy, Intelligence with the Enemy. by any manner of means or slights, and have any communication with them, without direction from my Lord general, shall be punished as traitors and Rebels. II. No man shall relieve the Enemy with Money, Relief of the Enemy. Victuals, Ammunition; neither harbour or receive any such, upon pain of death. III. If a Town, yielding up of Forts. Castle, or Fort be yielded up without the utmost necessity, the governor thereof shall be punished with death. IV. But if so be, that the Officers and soldiers of the Garrison, constrain the governor to yield it up: In such a case shall all the Officers be punished with death, and the common soldiers who have been active, or have given their consent in constraining the governor, shall cast lots for the hanging of the tenth man amongst them. V. And withal to know in what case and circumstances a governor, and the Militia of the Garrison may be blameless, for the surrendering of a Town, Castle, or Fort, it is hereby expressly signified: That first they are to prove the extremity of want within the place, insomuch that no eatable provision was left them for the sustenance of their lives. Secondly, That no succour or relief in any probable wise could be hoped for. Thirdly, That nothing else could be expected, but that within a short time the Town, Castle, or Fort, with all the Garrison, and Arms, Ammunition, Magazine, and appurtenances in it, must of necessity, fall into the hands of the Enemy. Upon proof of which forementioned circumstances, they may be acquitted in a counsel of war, else to be liable to the punishment above expressed. VI. Whosoever shall be convicted to do his duty negligently and carelessly, careless Service. shall be punished at discretion. VII. Whosoever shall presume to violate a saveguard, Violating of a Safe guard. shall die without mercy. VIII. Whosoever shall come from the Enemy, without a Trumpet, or Drum, after the custom of war, or without a pass from His Excellency, within the Quarters of the Army, or within a Garrison Town, shall be hanged up as a spy. Of Duties towards superiors and Commanders. I. WHosoever shall use any words tending to the death of the Lord general, Violating of the Lord general. shall be punished with death. II. No man shall presume to quarrel with his superior Officer, Quarrelling with Officers. upon pain of Cashiering, and Arbitrary punishment; nor to strike any such, upon pain of death. III. No soldier shall depart from his Captain, Departing from Captains and Masters. nor Servant from his Master, without licence, though he serve still in the Army, upon pain of death. IV. Every private man or soldier, Silence in the Army. upon pain of Imprisonment, shall keep silence when the Army is to take Lodging, or when it is Marching, or Imbattallio, so as the Officers may be heard, and their Commandments executed. V. No man shall resist, Resisting against Correction. draw, lift, or offer to draw, or lift his Weapon against any Officer, correcting him orderly, for his defence, upon pain of death. VI. No person shall make any mutinous assemblies, unlawful Assemblies. or be present or assisting thereunto, or in, or by them, demand their pay, upon pain of death. VII. No man shall resist the provost-marshal, Resisting of the Provost Martial. or any other Officer, in the execution of his Office, or break prison, upon pain of death. VIII. None shall utter any words of sedition and uproar, Seditious words. or mutiny, upon pain of death. ix.. A heavy punishment shall be inflicted upon them, Concealing mutinous speeches. who after they have heard mutinous speeches, acquaint not their Commanders with them. X. Whosoever shall receive an injury, Receiving of Injuries. and shall take his own satisfaction, shall be punished by Imprisonment, and as it shall be thought fit by the marshal-court: But he that is injured shall be bound, if he do not forgive the injury, to seek reparation by complaint to his Captain, or Colonel, or other superior Officer, and it shall be given him in ample manner. Of Duties moral. I. Drunkenness in an Officer, drunkenness. shall be punished with loss of Place; in a common soldier, with such penalties as a court-martial think fit. II. Rapes, unnatural abuses. Ravishments, unnatural abuses, shall be punished with death. III. Adultery, Adultery. Fornication, and other dissolute lasciviousness, shall be punished with discretion, according to the quality of the offence. IV. Theft and Robbery, Theft. exceeding the value of twelve pence, shall be punished with death. V. No man shall use reproachful, Provocation. nor provoking words, or acts to any, upon pain of Imprisonment, and further punishment, as shall be thought fit to be inflicted upon enemies to discipline and service. VI. No man shall take or spoil the Goods of him that dieth, Seizing upon dead men's goods. or is killed in Service, upon pain of restoring double the value, and Arbitrary punishment. VII. Murder shall be expiated with the death of the murderer. murder. Of a soldier's Duty touching his Arms. I. ALL soldiers coming to their Colours to watch, Full Armour. or to be exercised, shall come fully armed, upon pain of severe correction. II. None shall presume to appear with Slovenly Armour. their Arms unfixt, or undecently kept, upon pain of Arbitrary correction. III. If a Trooper shall lose his Horse or Hackney, losing of Horses and Arms. or footman any part of his Arms, by negligence or lewdness, by Dice or Cards, he or they shall remain in quality of pioneers and Scavengers, till they be furnished with as good as were lost, at their own charge. IV. No soldier shall give to pawn, Pawning or selling of Armour. or sell his Armour, upon pain of imprisonment, and punishment at discretion; and wheresoever any Armour shall be found so sold or pawned, they shall be brought again into the Army. V. If a Trooper shall spoil his Horse willingly, wilful spoiing of Horses. of purpose to be rid of the Service, he shall lose his Horse, and remain in the Camp for a pioneer. VI. If one borrows Arms of another to pass the Muster withal, Borrowed Arms. the borrower shall be rigorously punished, and the lender shall forfeit his Goods. VII. None shall presume to spoil, embezzling of Ammuition. fell, or carry away any Ammunition delivered unto him, upon pain of death. Of Duty in Marching. I. NOne in their March thorough the Counties shall waste, Waste and extortion. spoil, or extort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death. II. No soldier shall presume, Taking of Horses out of the Plow. upon no occasion whatsoever, to take a Horse out of the Plow, or to wrong the husbandmen in their person, or cattle, or Goods, upon pain of death. III. No soldiers, straggling from the Colours. either Horse or Foot, shall presume in Marching to straggle from his Troop or Company, or to March out of his rank, upon pain of death. IV. No soldier shall presume, Spoiling of Trees. in Marching or Lodging, to cut down any fruit-trees, or to deface, or spoil Walks of trees, upon pain of severe punishment. Of Duties in the Camp and Garrison. I. NO man shall depart a mile out of the Army or Camp without licence, Swerving from the Camp. upon pain of death. II. No man shall enter, Going in or out by ways. or go out of the Army, but by Ordinary ways, upon pain of death. III. No man shall presume to draw his Sword without Order, Drawing of Swords after setting the Watch. after the Watch is set, upon pain of death. IV. No man shall give a false Alarum, Giving a false Alarum. or discharge a piece in the night, or make any noise without lawful cause, upon pain of death. V. No man shall draw any Sword in a private quarrel within the Camp, Drawing Swords in a quarrel. upon pain of death. VI. He that makes known the watchword without Order, Revealing the Watch word. or gives any other word but what is given by the Officers, shall die for it. VII. No man shall do violence to any that brings Victuals to the Camp, Offering violence to Victuallers. upon pain of death. VIII. None speak with a Drum or Trumpet, Speaking with the enemy's Messengers. or any other sent by the Enemy, without Order, upon pain of punishment at discretion. ix.. A sentinel or Perdue found asleep, A sentinel asleep, or drunk. or drunk or forsaking their place before they be drawn off, shall die for the offence, without mercy. X. No man shall fail wilfully to come to the rendezvouz or Garrison appointed him by the Lord general, Failing at the rendezvouz. upon pain of death. XI, No man that carrieth Arms, Remaining enrolled in the Army. and pretends to be a soldier, shall remain three days in the Army without being enrolled in some Company, upon pain of death. XII. No man that is enroled, Departing without leave. shall depart from the Army or Garrison, or from his Colours, without licence, upon pain of death. XIII. No private soldier shall out stay his pass, Out staying a pass. without a Certificate of the occasion, under the hand of a Magistrate at the next Muster, upon pain of losing his pay, during all the time of his absence. XIV. He that absents himself when the sign is given to set the Watch, Absenting from the Watch. shall be punished at discretion, either with Bread and Water in Prison, or with the Woodden Horse. XV. Whosoever shall express his discontent with his Quarter given him in the Camp, Discontented with their Quarters. or Garrison, shall be punished as a Mutineer. XVI. No Officer, Lying or supping out of the Quarters. of what quality soever, shall go out of the Quarter to Dinner or Supper, or lie out all-night, without making his superior Officer acquainted, upon pain of cashiering. XVII. All Officers whose charge it is, Keeping of the Quarters clean. shall see the Quarters kept clean and sweet, upon pain of severe punishment. XVIII. None shall presume to let their Horses feed in sown Grounds whatsoever, Letting of Horse feed in sown grounds. or to endamage the Husbandmen any way, upon severest punishment. XIX. Whosoever shall in his Quarter, abuse, beat, fright his Landlord, or any Person else in the Family, or shall extort money or Victuals, by violence from them, shall be proceeded against as a Mutineer, and an enemy to Discipline. Of Duties in Action. I. NO man shall fail immediately to repair unto his Colours (except he be impotent by lameness or sickness) when an Alarum is given, Repairing to the Colours upon an Alarum. upon pain of death. II. No man shall abandon his Colours, Flying. or fly away in battle, upon pain of death. III. If a pikeman throw away his Pike, Flinging away Arms. or a musketeer his Musket or Bandilier, he or they shall be punished with death. IV. No man shall burn any House or barn, Burning and wasting. be it of friend or foe, or wilfully spoil any corn, Hay, or Straw, or Stacks in the fields, or any Ship, Boat, Carriage, or any thing that may serve for the provision of the Army without order, upon pain of death. V. None shall kill an enemy who yields, Killing an Enemy who yields. and throws down his Arms. VI. None shall save a man that hath his offensive Arms in his hands, Saving of men armed with Offensive Arms. upon pain of losing his Prisoner. VII. Whosoever in skirmish shall fling away his Powder out of his Bandiliers, Flinging away Powder. that he may the sooner come off, shall be punished with death. VIII. No soldier shall imbezzell any part of the prey till it be disposed of by the Lord general, Imbezzelling of the prey. or others authorized, upon pain of death. ix.. No Officer or soldier shall ransom, Concealing of Prisoners or conceal a Prisoner; but within twelve hours, shall make the same known to the Lord general, or others authorized, upon pain of death. X. No man upon any good success, Pillaging without licence. shall fall a pillaging before licence, or a sign given, upon pain of death. XI. A Regiment or Company of Horse or Foot, Retreating before handy-blows. that chargeth the enemy, and retreats before they come to handy-strokes, shall answer it before a council of War; and if the fault be found in the Officers, they shall be banished the Camp; if in the soldiers, than every tenth man shall be punished at discretion, and the rest serve for pioneers and Scavengers, till a worthy exploit take off that Blot. Of the Duties of Commanders and Officers, in particular. I. ALL Commanders are straightly charged to see Almighty God reverently served, Commanders must see God duly served. and Sermons and Prayers duly frequented. II. All Commanders and Officers that find any of discontented humours, Commanders must acquaint my Lord general with dangerous humours. apt to mutenize, or any swerving from direction given, or from the policy of the Army set down, shall straight way acquaint the Lord general therewith, or others authorised, as they will answer their neglect. III. Any Officer that shall presume to defraud the soldiers of their Pay, Defraud of soldiers pay. or any part of it, shall be cashiered. IV. No corporal, Stopping of Duellers. or other Officer commanding the Watch, shall willingly suffer a soldier to go forth to a duel, or private Fight, upon pain of death. V. What Officer Drunken and quarrelsome Officers. soever shall come drunk to his Guard, or shall quarrel in the Quarter, or commit any disorder, shall be cashiered without mercy; and the next Officer under him shall have his Place, which he may pretend to be his right, and it shall not be refused to him. VI. A captain that is careless in the Training and Governing of his Company, careless Captains. shall be displaced of his Charge. VII. All Captains or Officers that shall outstay their pass, Officers outstaying their pass. shall be punished at the Lord general's discretion. VIII. All Officers, All Officers bound to part quarrels. of what condition soever, shall have power to part quarrels & frays, or sudden disorders betwixt the soldiers, though it be in any other Regiment or Company, and to commit the disordered to Prison for the present, until such Officers as they belong unto are acquainted with it: And what soldier soever shall resist, disobey, or draw his Sword against such an Officer (although he be no Officer of his Regiment or Company) shall be punished with death. ix.. A Captain or Officer nonresident in the place assigned him for Garrison without licence, Officers nonresident in Garrison. shall have one months pay defaulted for the first Offence, and two months for the second: upon the third Offence he shall be discharged of his command. X. After the Army is come to the general rendezvouz, Cashiering of soldiers. no Captain shall cashier any soldier that is enroled, without special Warrant of the Lord general. XI. No Captain or Officer of a Troop or Company, Mustering of false and counterfe●t Troops. shall present in Musters, any but real Troopers and soldiers, such as by their pay are bound to follow their Colours, upon pain of cashiering without mercy. And if any Victualler, Free-booter, interloper, or soldier whatsoever, of any Troop or Company, shall present himself, or his horse in the Muster, to mislead the Muster-Master, and to betray the service, the same shall be punished with death. XII. No Provider, Commissaries of Victuals and Ammunition must be true. Keeper, or Officer of victual or Ammunition, shall embezzle or spoil any part thereof, or give any false account to the Lord general, upon pain of death. Of the Duty of Muster-Masters. I. NO Muster-Master must wittingly let any pass in the Musters, Muster Masters conniving at counterfei●s but such as are really of the Troop or Company presented, upon pain of death. II. All Captains shall cause their Troops or Companies to be full and complete; captain's must send a Roll of their men to the Lord general. and two days after the general Mustering, they shall send to the Lord general a perfect List or Roll of all the Officers of their Troops and Companies, and likewise of all the Troopers and soldiers that are in actual Service, putting down distinctly on the head of each man his monthly Pay. III. The like Roll or List shall the Captains send to the Lord general, Every payday. and to the Treasurer of the Army upon every payday, during the Service, with a punctual expression at the bottom of the said Roll, what new Troopers or soldiers have been entertained since the last payday, in lieu of such as are either deceased or cashiered, and likewise the day whereon they were so cashiered and entertained. IV. Which said List or Roll shall be subscribed, Subscribed by all the Officers of the Troop or Company. not only by the Captain and his lieutenant and Coronet or ensign, but also by the Sergeants and Corporals respectively, who shall declare upon their Oath, That the Troopers and soldiers enroled in the said List, are real and actual Troopers and soldiers of the respective Troops and Companies. And whosoever shall be convicted of falsehood in any of the premises, shall be cashiered. V. No Muster-Master shall presume to receive or accept of any Roll to make the Musters by, Muster-Masters must use no other Rolls. but the forementioned rolls, upon pain of the loss of his place, and other punishment at discretion. VI. No man shall presume to present himself to the Muster, Counterfeit names in the Rolls. or to be enrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death. Of Victuallers. I. NO Victuallers shall presume to issue or sell unto any of the Army, Victuallers issuing naughty Victuals unsound, unsavoury, or unwholesome Victuals upon pain of imprisonment, and further Arbitrary punishment. II. No soldier shall be a Victualler without the consent of the Lord general, No soldier must be a Victualler. or others authorized upon pain of punishment at discretion. III. No Victualler shall entertain any soldiers in his House, Unseasonable hours kept by Victuallers. Tent, or Hutt, after the Warning-piece at night, or before the beating of the Ravalee in the morning. IV. No Victualler shall forestall any Victuals, nor sell them before they be appraised by the marshal general, upon severe punishment. Of Administration of Justice. I. ALL controversies between soldiers and their Captains, Summary proceedings and all others, shall be summarily heard and determined by the council of war, except the weightiness of the cause require further deliberation. II. All Officers and others who shall send up any Prisoners unto the marshal general of the Army; The Provost Martial must look to his prisoner. shall likewise deliver unto the marshal, the cause and reason of the Imprisonment; And without such cause and reason shown, the marshal is expressly forbid to take charge of the Prisoner. III. When a Prisoner is committed to the charge of the marshal general, The information of the crime which he standeth committed for, is to be given in to the Advocate of the Army, within 48 hours, after the commitment, or else, for default thereof, the Prisoner to be released, except good cause be shown; wherefore the Information cannot be ready within that time. IV. The Goods of such as die in the Army or Garrison, Goods of the destinct. or be slain in the service, if they make any Will by word or writing, shall be disposed of according to their Will. If they make no Will, then shall go to their Wives, or next Kin. If no Wife or Kindred appear within a year after, shall be disposed of by the appointment of the Lord general, according to the Laws civil and Military. V. No Magistrate of Town or country, civil Magistrates imprisoning soldiers. shall without licence imprison any soldier, unless for capital Offences. VI. In matters of debts or trespass, For debts and other small offences. or other inferior cases, the Magistrate shall acquaint his Captain, or other chief Officer therewith, who is to end the matter with the consent of the complainant, or to leave the party grieved to take his remedy by due course of Law: And if the Officer fail of his duty therein, the Lord general upon complaint of the party grieved, will not only see him righted, but the Officer punished for his neglect in this behalf. VII. No man shall presume to use any braving or menacing words, Braving the Court of Justice. signs, or gestures, while the Court of Justice is sitting, upon pain of death. VIII. No Inhabitant of City, Receiving of Run aways. Town, or Country, shall presume to receive any soldier into his service, or conceal, or use means to convey such runaways, but shall apprehend all such, and deliver them to the Provost Martial. ix.. All Captains, Detecting of Offenders. Officers, and soldiers, shall do their endeavours to detect, apprehend, and bring to punishment all Offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slackness in the marshal's Court. X. If the marshal shall dismiss without Authority, any Prisoner committed unto his charge, or suffer him to make an escape, he shall be liable to the same punishment due unto the dismissed or escaped offendor. XI. All other Faults, Offences whatsoever to be punished by the Laws of war. Disorders, and Offences not mentioned in these Articles, shall be punished according to the general customs and Laws of war. ANd to the end that these Laws and Ordinances be made more public and known, as well to the Officers, as to the common soldiers, every colonel and Captain is to provide some of these Books, and to cause them to be forthwith distinctly and audibly read in every several Regiment, by the respective Marshals in presence of all the Officers; In the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard, the Captain is to do the like, that none may be ignorant of the Laws and Duties required by them. THese are to Authorise you to Print for the use of the Army, The Laws and Ordinances of war, by me established, and of late enlarged by my Command, for the better conduct of the Service. And likewise by these presents to forbid all others to Print the same at their perils on the contrary. Given under my Hand, 25. Novemb. 1643. ESSEX. To Luke Fawn, Stationer.