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.  
Together with a DECLARATION Of the LORDS and COMMONS in PARLIAMENT, Concerning the regulating of great Inconveniences in His EXCELLENCY'S Army.  
LONDON, Printed for John Partridge, and John Rothwell 1643.   

ROBERT, Earl of ESSEX, Lord FERRER of Chartley, Bouchier, 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-Colonells, Serjeant-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 pulished, 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.  

Blasphemy.  I. 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 our Christian Faith, upon pain to have his Tongue bored with a red-hot Iron.  

Cursing.  II. Unlawful Oaths and Execrations, and scandalous acts in derogation of God's Honour, shall be punished with loss of Pay, and other punishment at discretion.  

Neglecting Divine Worship.  III. All those who often and wilfully absent themselves from Sermons, 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.  

Intelligence with the Enemy.  I. ALL such as shall practise and entertain 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.  

Relief of the Enemy.  II. No man shall relieve the Enemy with Money, Victuals, Ammunition; neither harbour or receive any such, upon pain of death.  

Yielding up of Ports.  III. Whosoever yields up any Town, Fort, Magazine, Victuals, Arms, Ammunition, or that motioneth any such thing, but upon extremity, and that to the Governor, or in Council, shall be executed as a Traitor.  

Careless Service.  iv Whosoever shall be convicted to do his Duty negligently and carelessly, shall be punished at discretion.  

Violating of a safeguard.  V Whosoever shall presume to violate a Saveguard, shall die without mercy.   

Of Duties towards Superiors and Commanders.  

Violating of the Lord General.  I. Whosoever shall shall use any words tending to the death of the Lord General, shall be punished with death.  

Quarrelling with Officers.  II. No man shall presume to quarrel with his superior Officer, upon pain of Cashiering, and arbitrary punishment; nor to strike any such, upon pain of death.  

Departing from Captains and Master's Silence in the Army.  III. 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.  
iv Every private man or Soldier, 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.  

Resisting against Correction.  V. No man shall resist, draw, lift, or offer to draw or lift his weapon against any Officer correcting him orderly for his defence, upon pain of death.  

Unlawful Assemblies.  VI No person shall make any mutinous assemblies, or be present or assisting thereunto, or in, or by them demand their pay, upon pain of death.  

Resisting of the provost-marshal.  VII. No man shall resist the provost-marshal, or any other Officer, in the execution of his Office, or break prison, upon pain of death.  

Seditious words.  VIII. None shall utter any words of sedition and uproar, or mutiny, upon pain of death.  

Concealing mutinous speeches.  IX, A heavy punishment shall be inflicted upon them who after they have heard mutinous speeches, acquaint not their Commanders with them.  

Receiving of Injuries.  X. 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.   

Of Duties moral.  

Drunkenness  I. 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.  

Unnatural abuses.  II. Rapes, Ravishments, unnatural abuses, shall be punished with death.  

Adultery.  III. Adultery, Fornication, and other dissolute lasciviousness, shall be punished with discretion, according to the quality of the offence.  

Theft.  iv Theft and Robbery, exceeding the value of twelve pence, shall be punished with death.  

Provocation.  V. No man shall use reproachful 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.  

Seizing upon dead men's goods.  VI 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.  

Muther.  VII. Murder shall be expiated with the death of the murderer.   

Of a Soldier's Duty touching his Arms.  

Full Armour.  I. ALL Soldiers coming to their Colours to watch, or to be exercised, shall come fully armed, upon pain of severe correction.  

Slovenly Armour.  II. None shall presume to appear with their Arms unfixt, or undecently kept, upon pain of arbitrary correction  

Losing of Horses and Arms.  III. If a Trooper shall lose his horse or Hackney, or Footman nay 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.  

Pawning or selling of Armour.  IU. No Soldier shall give to pawn, 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.  

Wilful spoiling of Horses.  V 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 a Pioneer.  

Borrowed Arms.  VI If one borrows Arms of another to pass the Muster withal the borrower shall be rigorously punished, and the lender shall forfeit his goods.  

Imbezelling of Ammunition.  VII. None shall presume to spoil, sell, or carry away any Ammunition delivered unto him, upon pain of death.   

Of Duty in Marching.  

Waste and extortion.  I None in their March thorough the Countries shall waste, spoil, or extort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death,  

Taking of horses out of the Blow.  II. No Soldier shall presume, upon no occasion whatsoever, to take a horse out of the Blow, or to wrong the husbandmen in their person, or cattles, or Goods, upon pain of death.  

Straggling from the Colours.  III. No Soldier, 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.  

Spoiling of trees.  IU. No Soldier shall presume, in Marching or lodgin, to cut down any fruit-trees, or to deface or spoi e Walks of trees, upon pain of severe punishment.   

Of Duties in the Camp and Garrison.  

Swerving from the Camp.  I. NO man shall departed a mile out of the Army or Camp without licence, upon pain of death.  

Going in or out byways.  II. No man shall enter, or go out of the Army, but by Ordinary ways, upon pain of death.  

Drawing of Swords after setting the Watch.  III. No man shall presume to draw his Sword without Order, after the Watch is set, upon pain of death.  

Giving a false Alarm.  IU. No man shall give a false Alarm, or discharge a piece in the night, or make any noise without lawful cause, upon pain of death.  

Drawing Swords in a quarrel. Revealing the Watchword.  V. No man shall draw any sword in a private quarrel within the Camp, upon pain of death.  
VI He that makes known the Watchword without Order, or gives any other word but what is given by the Officers, shall die for it.  

Offering violence to Victuallers.  VII. No man shall do violence to any that brings Victuals to the Camp, upon pain of death.  

Speaking with the Enemy's Messengers.  VIII. None shall speak with a Drum or Trumpet, or any other sent by the Enemy, without Order, upon pain of punishment at discretion.  

A Sentinel asleep, or drunk.  IX. A Sentinel or Perdue found asleep, or drunk or forsaking their place before they be drawn off, shall die for the Offence, without mercy.  

Failing at the Rendezvouz.  X. No man shall fail wilfully to come to the Rendezvouz or Garrison appointed him by the Lord General, upon pain of death.  

Remaining unrolled in the Army.  XI. No man that carrieth Arms, and pretends to be a Soldier, shall remain three days in the Army without being enrolled in some Company, upon pain of death.  

Departing without leave.  XII. No man that is enroled, shall departed from the Army or Garrison, or from his Colours, without Licence, upon pain of death.  

Out staying a Pass.  XIII. No private Soldier shall Outstay 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.  

Absenting from the Watch.  XIV. 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.  

Discontented with their Quarters.  XV. Whosoever shall express his discontent with his Quarter given him in the Camp, or Garrison, shall be punished as a Mutineer.  

Lying or supping out of the Quarters.  XVI. 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 cashiering.  

Keeping of the Quarters. clean.  XVII. All Officers whose charge it is, shall see the quarters kept clean and sweet, upon pain of severe punishment.  

Letting of Horse feed in sown grounds.  XVIII. None shall presume to let their horses feed in sown grounds whatsoever, or to endamage the Husbandmen any way, upon severest punishment.   

Of Duties in Action.  

Repairing to the Colours upon an alarum.  I. NO man shall fail immediately to repair unto his Colours (except upon evident necessity) when an Alarm is given, upon pain of death.  

Hying.  II. No man shall abandon his Colours, or fly away in Battle, upon pain of death.  

Flinging away Arms.  III. If a Pikeman throw away his Pike, or a Musketier his Musket or Bandilier, he or they shall be punished with death.  

Burning and wasting.  IU. No man shall burn any house or Barn, be it of friend or foe, or wilfully spoil any Corn, Hay, or Straw, or Stacks in the fields, or any Sheep, Boat, Carriage, or any thing that may serve for the provision of the Army, without Order, upon pain of death.  

Killing an Enemy who yields.  V. None shall kill an enemy who yields, and throws down his Arms.  

Saving of men armed with Offensive Arms.  VI None shall save a man that hath his offensive Arms in his hands, upon pain of losing his Prisoner.  

Flinging away Powder.  VII. Whosoever in skirmish shall fling away his Powder out of his Bandiliers, that he may the sooner come off shall be punished with death.  

Imbezzelling of the prey.  VIII. No Soldier shall imbezzell any part of the prey till it be disposed of by the Lord General, or others authorized, upon pain of death.  

Concealing of Prisoners  IX. No Officer or Soldier shall ransom, or conceal a Prisoner, but within twelve hours, shall make the same known to the Lord General, or others authorized, upon pain of death.  

Pillaging without licence.  X. No man upon any good suecesse, shall fall a pillaging before licence, or a sign given, upon pain of death.  

Retreating beforehandy blows.  XI. A Regiment, or Company of Horse or Foot, 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 Pioniers and Scavengers, till a worthy exploit take off that Blot.   

Of the Duties of Commanders and Officers, in particular.  

Commanders must see God duly served.  I. ALL Commanders are straightly charged to see Almighty God reverently served, and Sermons and prayers duly frequented.  

Commanders must acquaint my Lord General with dangerous humours.  II. All Commanders and Officers that find any of discontented humours, apt to mutinize, or any swerving from direction 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.  

Defrauding of Soldiers pay.  III. Any Officers that shall presume to defraud the Soldiers of their pay, or any part of it, shall be cashiered.  

Stopping of Duellers.  FOUR No Corporal, or other Officer commanding the Watch, shall willingly suffer a Soldier to go forth to a Duel, or private Fight, upon pain of death.  

Drunken and quarrelsome Officers.  V What Officer 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.  

Careless Captains.  VI A Captain that is careless in the Training and governing of his Company, shall be displaced of his charge.  

Officers out-staying their pass.  VII. All Captains or Officers that shall outstay their Pass, shall be punished at the Lord General's discretion.  

All Officers bound to part quarrels.  VIII. 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 Soldiers 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.  

Officers-non resident in Garrison.  IX. A Captain or Officer nonresident in the place assigned him for Garrison without licence, shall have one months pay defaulted for the first Office, and two months for the second: upon the third Offence he shall be discharged of his command.  

Cashiering of Soldiers.  X. After the Army is come to the general Rendezvouz, no Captain shall cashier any Soldier that is enroled, without special Warrant of the Lord General.  

Mustering of false and counterfeit Troops.  XI. No Captain of a Troop shall present in Musters any but real Troops, such as are bound by their pay to follow the Troops, upon pain of cashiering without mercy. And if any Victualler, Free-booter, Enterloper, or Soldier whatsoever, of any Troop or Company, shall present himself, or his horse in the muster, to misled the muster-Master, and to betray the service, the same shall be punished with death.  

Commissaries of victuals & Ammunition must be true.  XII. No Provider, Keeper, or Officer of Victual or Ammunition, shall imbezel or spoil any part thereof, or give any false account to the Lord General, upon pain of death.   

Of the Duty of Mustermasters.  

Mustermasters conniving at counterfeits.  1. NO Muster-Master must wittingly let any pass in the musters, but such as are really of the Troop or Company presented, upon pain of death.  

Captain's must send a Roll of their men to the Lord General.  II. All Captains shall cause their Troops or 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.  

Every payday.  III. 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 Payday, in lieu of such as are either deceased or cashiered, and likewise the day whereon they were so cashiered and entertained.  

Subscribed by all the officers of the Troop or Company.  iv Which said List or Roll shall be subscribed 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 Oaths, That the Troopers and Soldiers and enroled in the said List are real and actual Troopers and Soldier, of the respective Troops and Companies. And whosoever shall be convicted of falsehood in any of the premises, shall be cashiered.  

Muster-masters must use no other Rolls  V. No Muster-master shall presume to receive or accept of any Roll to make the musters by, but the forementioned Rolls, upon pain of the loss of his place, and other punishment at discretion.  

Counterfeit names in the Rolls.  VI 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.   

Of Victuallers.  

Victuallers issuing naughty Victuals.  I. NO Victuallers shall presume to issue or sell unto any of the Army, unsound, unsavoury, or unwholesome Victuals upon pain of imprisonment, and further arbitrary punishment.  

No Soldier must be a Victualler.  II. No Soldier shall be a Victualler without the consent of the Lord General, or others authorized, upon pain of punishment at discretion.  

Unseasonable hours kept by Victuallers.  III. No Victualler shall entertain any Soldiers in his House, Tent, or Hutt, after the Warning-piece at night, or before the beating of the Ravalee in the morning.  
IU. No Victualler shall forestall any Victuals, nor sell them before they be appraised by the Marshal General, upon severe punishment.   

Of administration of justice.  

Summary proceed  I. 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.  

The Provost-Marshal must look to his prisoners.  II. 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.  

Goods of the destinct.  III. The Goods of such as die in the Army or Garrison, 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.  

Civil Magistrates imprisoning Soldiers.  IU. No Magistrate of Town or Country, shall without licence imprison any Soldier, unless for capital Offences.  

For debts and other small offences.  V In matters of debts or trespass, or other inferior cases, the Magistrate shall acquaint his Captain, or other chief Officer there with, 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.  

Braving the Court of Justice.  VI 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.  

Receiving of Runaways.  VII. No inhabitant of City, 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-marshal.  

Detecting of Offenders.  VIII. All Captains, 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 Marshals Court.  

Offences whatsoever to be punished by the Laws of War.  IX. All other Faults, 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 within a short time after that the Army shall come to the general Rendezvouz, these Laws in every several Regiment, in the presence of all the Officers, are plainly and distinctly to be read by the Marshals of the several Regiments, assisted by the Marshal General; 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 virtue of the Authority given me by the Ordinance of the Lords and Commons in Parliament, I command these Ordinances to be observe d and obeyed in the Army: And by these Presents give order that the same shall be forthwith Printed and published.  
Given under my Hand, ESSEX.   

A Declaration of the Lords and Commons Assembled in Parliament.  
Concerning the great Inconveniences in His Excellency's Army.  
WHereas it is found, That great inconveniences have ensued, for want of a strict and severe Discipline, to have been observed in the Army now raised by Authority of Parliament, under the Command of Robert Earl of Essex; and for that the Laws and Ordinances by him set forth for the Government of the said Army, have not been put in execution: It is now Ordained and Declared by the Lords and Commons in Parliament assembled, That from henceforth the Officers and Soldiers of the said Army may not expect any further forbearance of such punishments to be inflicted on them for any their offences, as shall be due unto them by the said Laws and Ordinances; But that the Lord General may and aught to punish them by death, or otherwise, according to their demerits.  
Ordered by the Lords and Commons in Parliament, That this Declaration be forthwith Printed and published. Hen. Elsing, Cler. Parl. D. Com.  
FINIS.