DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE English royal blazon, surmounted by a crown and flanked by the English lion and Scottish unicorn LAW AND ORDINANCES OF WAR, Established for the better government of the ARMY in the Northern parts. By His EXCELLENCE, The Earl of Holland, Lord General of His MAJESTY'S ARMY. printer's or publisher's device LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. 1641. DITIOR EST QVI SE HONI SOIT QVI MAL Y PENSE blazon of Henry Rich, first Earl of Holland, flanked by a dragonon either side HENRY Earl of Holland, Baron of Kensington, first Gentleman of His Majesty's Bedchamber, Chief justice and justice in Eyre of all His Majesty's Forests, Chases, Parks and Warrens on this side Trent, Chancellor of the University of Cambridge, Constable of the Honour and Castle of Windsor, Knight of the most Noble Order of the Garter, One of His Majesty's most Honourable Privy Council, and Captain General of His Majesty's Army; To all Officers of the Army, Colonels, Lieutenant-Colonels, Sergeant-Majors, Captains, other Officers and Soldiers of Horse and Foot: And all His Majesty's Subjects, and others, whom these Laws and Ordinances ensuing shall concern; Which Laws and Ordinances hereby published, all the said persons respectively and severally, are required and commanded to swear unto, and to observe and keep on the pains and penalties therein expressed. ❧ Law's and Ordinances of War. 1 Blasphemy. FIrst, let no man presume to blaspheme the holy and blessed Trinity; God the Father, God the Son, and God the holy Ghost; nor the known Articles of Christian Faith; Upon pain to have his tongue boared with a red-hotiron. 2 Cursing. Unlawful oaths and execrations, and scandalous acts in derogation of God's honour, shall be punished with loss of pay, and other punishments at discretion. 3 Profaning of Churches. In the same manner shall be punished all those who abuse and profane places and utensils dedicated to God's public worship, or wrong his Ministers. 4 Neglecting of divine Service. All those who often and wilfully absent themselves from Sermons and Morning and Evening prayer, shall be proceeded against at discretion. 5 Traitorous words. No man shall use any traitorous words against his Majesty's sacred person, or Royal authority, upon pain of death. 6 Careless service. Whosoever shall be convicted to do his Majesty's service negligently and carelessly, shall be punished at discretion. 7 Violating of sa●eguard. Whosoever shall presume to violate his Majesty's saveguard, shall die without mercy. 8 Violating of the Lord General. Whosoever shall use any words tending to the life or dishonour of the Lord General, shall be punished with death. 9 Quarrelling with officers. No man shall presume to quarrel with his superior Officer, upon pain of casseering, and arbitrary punishment; nor to strike any such, upon pain of death. 10 Departing from Captains and Masters. No Soldier shall departed from his Captain, nor Servant from his master without licence, though he serve still in the Army, upon pain of death. 11 Silence in the Army. Every private Man and Soldier, upon pain of imprisonment, shall keep silence when the Army is to take lodging, or when it is marching or imbattayling; so as the Officers may be heard, and their commandments executed. 12 Resisting against correction. No man shall resist, draw, lift, or offer to draw, or lift his weapon against an Officer correcting him orderly for his offence, upon pain of death. 13 Unlawful assemblies. No persons shall make any unlawful Assembly, or be present or assisting thereunto; or in, or by them demand●●● 〈◊〉 pay, upon pain of death. 14 Resisting of the provost-marshal. No man shall resist t●● provost-marshal, or any other Officer in the execution of his office, or break prison, upon pain of death. 15 Seditious words. None shall utter any words tending to sedition and uproar, or mutiny, upon pain of death. 16 Concealing of mutinous speeches. The same punishment shall be inflicted upon them, who after they have heard mutinous speeches, acquaint not their Commanders with them. 17 Revenging of injuries. Whosoever shall receive an injury, and shall take his own satisfaction, shall be punished by imprisonment, and as it shall be thought fit by the Marshall-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. 18 Drunkenness Drunkenness in an Officer shall be punished with loss of place. In a common soldier, with such penalties as a court-martial shall think fit. 19 Provocation. No man shall use reproachful or provoking words or acts to any, upon pain of imprisonment, and such further punishment as shall be thought fit to be inflicted upon enemies of discipline and service. 20 Seizing on dead men's goods. No man shall take or spoil the goods of him that dieth, or is killed in service, upon pain of restoring double the value, and arbitrary punishment. 21 Full armour. All soldiers coming to their Colours to watch, or to be exercised, shall come fully armed, upon pain of severe correction. 22 Slovenly armour. None shall presume to appear with their Arms un-fix or undecently kept, upon pain of arbitrary correction. 23 Losing of horses or Arms. If a Trooper shall lose his Horse or Hackney; or a 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. 24 Pawning of Arms. No Town or Countryman shall presume to buy or take to pawn an Horse, or Arms, or furniture of Tents and Huts, of any Soldier, upon pain of forfeiting the double value thereof, and to be punished at discretion: And the Soldier giving them to pawn, shall suffer a severe punishment. 25 Wilful spoiling of horses. If a trooper shall spoil his Horse willingly, of purpose to be rid of the service, he shall lose his horse, and remain in the camp for Pioneer. 26 Borrowed Arms. If one borrows Arms of another to pass the Muster withal; the borrower shall be rigorously punished, and the lender shall forfeit his goods. 27 Imbeazeling of ammunition. None shall presume to spoil, fell or carry away any ammunition delivered unto him, upon pain of death. 28 Waste and extortion. None on their march thorough the countries', under his Majesty's obedience, shall waste, spoil, or extort any victuals, money, or pawn from any subject, upon no pretence of want whatsoever: but shall pay for their meat and drink the usual rates, upon pain of death. 29 Taking of horses out of the Plough. No soldier shall presume, upon no occasion whatsoever, to take an horse out of the Plough, onto wrong the husband men in their persons, or cattles, or goods, upon pain of death. 30 Scraggling from the Colours. No soldier either horse or foot, shall presume in marching to straggle from his troup or company, or to march out of his rank, upon pain of death. 31 Spoiling of trees. No soldier shall presume in marching or lodging, to cut down any fruit-trees, or to deface or spoil walks of trees, upon pain of severe punishment. 32 Swarving from the Camp. No man shall departed a mile out of the Army or Camp without licence, upon pain of death. 33 Drawing of swords after setting of the watch. No man shall presume to draw his sword, without order, after the Watch is set, upon pain of death. 34 Giving a false alarm. No man shall give a false Alarm, or discharge a Piece in the night, or make any noise without a lawful cause upon pain of death. 35 Drawing of swords in a quarrel. No man shall draw any sword in private quarrel within the Camp, upon pain of death. 36 Revealing the watchword. He that makes known the Watch word without order, or gives any other word but what is given by the Officer, shall die for it. 37 Offering violence to victuallers. No man shall do violence to any that bring victuals to the Camp, upon pain of death. 38 A Sentinel asleep or drunk. A Sentinel or Perdue found asleep, or drunk, or forsaking their place before they be drawn off, shall die for the offence without mercy. 39 Failing at the Rendezvous. No man shall fail wilfully to come to the Rendezvous appointed him by the Lord General, upon pain of death. 40 Remaining unrolled in the Army. No man that carries Arms, and pretends to be a soldier, shall remain three days in the Army without being enrolled in some Company, upon pain of death. 41 Out staying a Pass. No private soldier shall out stay his 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. 42 Absenting from the Watch. He that absents himself when the sign is given to set the watch, shall be punished at discretion; either with bread and water in prison, or with the wooden Horse. 43 Discontented with their quarter. Whosoever shall express his discontent with the quarter given him in Camp or Garrison, shall be punished as a Mutineer. 44 Lying or supping out of the quarter. No Officer 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 casseering. 45 Keeping of the quarters clean. All Officers whose charge it is, shall see the quarters kept clean and sweet, upon pain of severe punishment. 46 Repairing to the colours upon an alarm No man shall fail immediately to repair unto his Colours (except upon evident necessity) when an Alarm is given, upon pain of death. 47 Burning and wasting. No man shall burn any House or Barn, or spoil any Corn, Hay, or Straw, in stacks in the fields; or any Ship, Boat, Carriage, or any thing that may serve for provision of the Army, without order, upon pain of death. 48 Commanders must see God duly served. All Commanders are straily charged to see Almighty God reverently served, and Sermons and Prayers duly frequented. 49 Commanders must acquaint my Lord General with dangerous humours. All Commanders and Officers that find discontented humours, apt to mutinies, or any swarving from directions given, or from the policy of the Army set down, shall straightway acquaint the Lord General therewith, or others authorized; as they will answer their neglect. 50 Defrauding of Soldiers pay: Any Officer that shall presume to defraud the soldiers of their pay, or any part of it, shall be casseered, and punished at the Lord General his discretion. 51 Stopping of Duellers. No Corporal, or other Officer, commanding the watch, shall wittingly suffer a Soldier to go forth to a Duel or private fight, upon pain of death. 52 Drunken and quarrelsome Officers. What Officer soever shall come drunk to his guard, or shall quarrel in the quarter, or commit any disorder, shall be casseered without mercy; and the next Officer under him, shall have his place, which he may pretend to as his right, and it shall not be refused to him. 53 Careless Captains. A Captain that is careless in the training and governing of his Company, shall be displaced of his charge. 54 Officer out-staying then Pass. All Captains or Officers that shall outstay their Pass, shall be punished at the Lord General his discretion. 55 All Officers bound to part quarrels. All Officers of what condition soever, shall have power to part quarrels, and 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. 56 Officers non-resident in Garrison. A Captain or Officer nonresident in the place assigned him for Garrison, without licence, shall have one months pay defalked for the first offence, and two months for the second. Upon the third offence he shall be discharged of his command. 57 Casseering of soldiers. No Captain shall casseer any Soldier that is enrolled, without special warrant of the Lord General. 58 Mustering of false and counterfeit Troopers. No Captain of a Troop shall present in the musters any but real Troopers, such as are bound by their oath & pay to follow the troop, upon pain of death without mercy. And if any Towns, or Countryman, Victualler, Free-booter, Enterloper, or Soldier whatsoever, of any other troop or company, shall present himself or his horse in the muster, to misled the Muster-master, to defraud his Majesty, and to betray the Service, the same shall be punished with death. 59 Inhabitants of Garrisons must not be soldiers there. No captain of a Troop or Company, shall take into his troop or company any inhabitant of that place where the troop or company is in garrison, upon pain of severe punishment. 60 Commissaries of victuals and ammunition, must be true. No provider, keeper, or Officer of his Majesty's victual or ammunition, shall embeazell or spoil any part thereof, or give any false account to the Lord General, upon pain of death. 61 Mustermasters conniving at counterfeits. No Muster-Master shall wittingly let any pass in the musters, but such as are really of the troop or company presented, upon pain of death. 62 Captains must send a roll of their men to the Lord General. All Captains shall cause their Troops and Companies to be full and complete. 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. 63 Every payday. The like roll or list shall the Captains send to the Lord General, 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 pay day, in lieu of such as are either deceased or casseered; and likewise the day whereon they were so casseered and entertained. 64 Subscribed by all the Officers of the Troop or company. Which said list or rol shall be subscribed not only by the Captain, his Lieutenant, and Cornet, or Enseign, but also by the Sergeants and Corporals respectively; who shall declare upon their oaths, that the Troopers and Soldiers enrolled 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 punished with death. 65 Muster-masters must use no other rolls. No Muster-master shall presume to receive or accept of any roll to make the Musters by, but the rolls, upon pain of the loss of his place, and other punishment at discretion. 66 Sergeant names in the rolls. No man shall presume to present himself to the Muster, or to be enrolled in the Muster-rolls by a counterfeit name, or surname, or place of birth; upon pain of death. 67 Victuallers issuing naughty victuals. No Victualler shall presume to issue on sell unto any of the Army, unsound, unsavoury, or unwholesome victuals, upon pain of imprisonment, and further arbitrary punishment. 68 No Soldier shall be a victualler. No Soldier shall be a Victualler without the consent of the Lord General, or others authorized, upon pain of punishment at discretion. 69 Unseasonable hours kept by victuallers. No Victualler shall entertain any Soldiers in his house tent or hutt, after the warning peiece at might, or before the beating of the Ravalee in the morning. 70 summary proceed. All controversies between Soldiers and their Captains, and all others, shall be summarily heard and determined by the Council of War: except the weightiness of the cause require further deliberation. 71 The Provost Marshal must look to his prisoners. No provost-marshal shall refuse to keep a prisoner committed to his charge; nor dismiss him being once received, upon pain of being liable to the same punishment which should have been inflicted upon the party dismissed. 72 For debts and small offences. In matters of debt, or trespass, or other inferior causes, the Magistrate shall not lay hands upon any Soldier, but 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 herein, 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. 73 Braving the Court of justice. No man shall presume to use any braving or menacing words, signs or gestures, while the Court of justice is sitting, upon pain of death. 74 Detecting of offenders. All Captains, Officers, and soldiers shall do their endeavours to detect, apprehend, and bring to punishment all Offenders, & shall assist the Officers of the Army for that purpose, as they will answer their slackness in the Marshal's Court. Of the Soldier's Oath. All Soldiers that are really and actually in his Majesty's service, shall take this ensuing Oath. I Promise and swear to be true and faithful to my Sovereign Lord King CHARLES. To obey my Lord General, and the Commanders and Officers under Him. To observe the Laws and Ordinances of War established by Him. To continue in the service, or to Disband according as I shall be commanded, with all quietness of behaviour and obedience. As God shall help me. ALL which Laws and Ordinances are to be read plainly and distinctly by the Captain, or other Chief Officer to his own Company, at least once a week. And the Oath shall be administered in the respective quarters, by the Sergeant Major General, assisted by the several Officers of each Regiment. In the Horse-quarters by sound of Trumpet; and amongst the foot by beat of Drum. FINIS.