LAWS & ARTICLES OF WAR, For the Government of His Majesty's Forces within the Kingdom of SCOTLAND.   royal blazon or coat of arms 
C R  HONI SOIT QUI MAL Y PENSE 
EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent MAjESTY, 1667.   

Laws and Articles of War, for the Government of His Majesty's Forces within the Kingdom of Scotland.  

I. Concerning Christian and Moral Duties.  
FOrasmuch as all Laws, Acts and Ordinances, aught to be founded upon, and have their Originals from the Law of Almighty GOD: to the end therefore that with the more confidence We may depend upon this Our GOD for a blessing upon Ourselves and Our Army, in all its undertake and achievements.  
Whosoever shall be so desperately mad, as to blaspheme or speak against the Holy, Glorious and Blessed Trinity, One GOD in three Persons, Father, Son and Holy Ghost, shall die without mercy.  
II. All such and unlawful Oaths and Imprecations and Curses shall be punished by amercing and fining every such Swearer and Curser: For the first transgression in one days Pay, for the second in two, etc. and if any shall be found incorrigible, let him be left to the Courts severest Censures usual in such Cases.  
III. Whosoever upon the LORDS Day shall unnecessarily absent themselves from Divine Worship, shall lose a Months pay.  
iv Whosoever shall be found guilty of uncleanness, shall be obliged to satisfy the Church in that Parish where the trespass was committed; And furthermore be fined by the Court, suitable to the quality of the Offender, and proportionably to the Act of Parliament in the like Case.  
V All wilful Murders, Rapes, raising of Fire, Thefts, Outrages, unnatural Abuses, and other notorious Crimes and abominable, shall be punished with Death.  
VI No common or notorious Whore shall be tolerated in Camp or Garrison, and whosoever keepeth an unmarried Woman, shall be constrained to marry her, or put her away.  
VII. Whosoever doth presume to speak in the least irreverently of the King, anent His Person or Government, Military, Civil, or Ecclesiastic, shall die without mercy.  
VIII. Whosoever shall be found to speak unbeseemingly (except that which he is able to make out before a Court of War) against any of the General Officers of the Army, shall be punished at the discretion of the Court.   

II. Duties Common to Officer and Soldier.  
I. WHosoever shall be found to have any intercourse with the Enemy without permission from the General, shall die as a Traitor.  
II. Whosoever by any means shall relieve a known public Enemy, shall die.  
III. Whosoever out of contempt shall violate a Protection or Salvo-guards, shall die.  
iv Whosoever without invincible necessity shall surrender Castle, Fort or Garrison, shall die.  
V But if the Governor of any such Place shall be constrained to a surrendry by his Officers or Soldiers; such Officers shall surely die, and the Soldiers be decimaled for hanging.  
VI Whosoever shall be found Loiterers in any point of Duty, are to be Censured by the General and Court at discretion.  
VII. Whosoever concealeth any mutinous Speeches, shall die.  
VIII. Whosoever shall be found drunk upon Duty, shall die: and if, though not upon Duty, any one shall commit Outrage in his Drink, let him be censured first for being drunk: 2. For the outrage, as the Court shall judge fit.  
IX. Whosoever shall use reproachful Speeches, or other Provocations against his Comrades, shall be censured at the Generals and Courts discretion.  
X. Whosoever provoketh or appealeth another to the Combat, shall be Cashiered.  
XI. Whosoever shall be found guilty of innocent blood, shall die.  
XII. Whosoever shall without permission stay out of his Garrison or Camp, if an Officer, he shall be cashiered, and if a Soldier, censured at the Court and General's discretion.  
XIII. Whosoever shall grumble at his quarter assigned to him, let him be accounted a mutineer.  
XIV. Whosoever upon any quarrel or debate, arising betwixt him and others (whether of the Army, City or Country) shall call for assistance from his fellow Soldiers, Citizens, Countrymen, or any otherways related to him for making of parties or faction, shall die without mercy.  
XV. Whosoever in any case shall behave himself cowardly against the Enemy, the Officer shall die without mercy, and the Soldier suffer decimation.  
XVI. Whosoever shall not give ready obedience to to any Bank or Order, for the well of the Army, howbeit upon some occasional emergent, not mentioned in these Articles, shall be left to arbitrary punishment.   

III. Duties of Officers in Particular.  
I. LEt all and every Officer of whatsoever quality or degree, take care that all under his command behave themselves civility and christianly: namely, That they frequent GOD'S public Worship, when they are where they may have it, as they will be answerable to the General.  
II. Whosoever defraudeth the Officers or Soldiers under him of any part or parcel of the Kings pay, shall be obliedged first to refound the money, and then to be disgracefully cashiered.  
III Whatsoever Officer shall suffer any under his command to go a Duelling or Combatting, shall lose his Place; and if he be Sergeant or Corporal of the Watch and did not hinder them, and yet might, he shall die.  
iv Whosoever is found to be an habitual Drunkard, Quarrel, or Brawler, let him be disgracefully Cashiered.  
V. But let all Officers whatsoever, upon their peril, do their endeavour to part Quarrels or Tumults arising amongst Soldiers of whatsoever Company or Regiment, and Commit and Arrest the same until those Officers be acquainted therewith, to whose particular Command they do more immediately belong. And what Soldier soever shall resist, or lift up his hand against; yea, shall resolutely resist an Officer so doing, shall surely die.  
VI Whatsoever Captain, whether of Troop, or Foot Company, shall present in his Muster any others than such who by their pay are obliged to follow him, shall be Cashiered.  
VII. Let no Captain upon his peril Cashier any Soldier being once approved of, and enroled by the Muster-master, without a special warrant from the General.  
VIII. Whosoever shall be found a miles distance out of his Quarter, Garrison, or Leaguer, shall forfeit a Months pay for the first fault, and for the next shall be Cashiered, or personally punished, at the discretion of the Court.  
IX. Whosoever offereth violence to his Superior, shall die.  
X. Whatsoever Commissary or other Officer, entrusted with Money, Victual, Arms, or Ammunition, shall embezle, or spoil the same, or give any false account thereof, shall die.   

IV. Duties of Soldiers in Particular. First concerning their Arms.  
1. WHatsoever Soldier shall come to be exercised or mount the Guard, not completely armed with fixed and well kept arms, shall be severely amerced, fined and censured.  
II. Whosoever shall sell his Horse or Arms, or otherways embezle them, shall be kept as a Pioneer or Baggage-man, until he be again provided at his own charge, and undergo such other punishment as the Court shall inflict.  
III. But whosoever appignorates or sells their Arms, shall be liable to arbitrary punishment; and whoso shall buy or reset the same, shall restore the Arms, and lose their money.  
iv Whatsoever Trooper spoileth his Horse, upon design to get off the Service, he shall lose his Horse, and be turned in into a Foot Company.  
V Whosoever borroweth another's Horse or Arms, therewith to pass Muster, besides that the lender loseth what he hath lent, the Borrower shall be severely punished.  
VI Whosoever shall spoil, sell or otherways embezle his Ammunition given to him for the Service, shall surely die.   

V Duties on the March.  
I. WHosoever in his March through the Country, shall spoil, waste, or extort money, victuals or paunes from any of His Majesty's Subjects upon pretext whatsoever, shall die.  
II. Whosoever shall break down, burn or pillage any Church, School, Hospital or College, or shall despitefully use Church men, Scholars, poor or old people, Women, Maids or Children, shall die.  
III. Whosoever, upon whatsoever pretention shall take a Horse out of the Plough, or wrong the Husbandman in his Person, Cattle or Goods, shall die.  
iv Whosoever on a March shall straggle from his Troop or Company, shall die.  
V Whosoever shall destroy or deface Milns, Gardens, Orchards, or Walks of trees, shall be most severely punished.   

VI Concerning Camp or Garrison.  
I. WHosoever without leave from his Officer, shall be found a mile without the Camp, shall be severely punished.  
II. Whosoever shall go in or out of the Camp or Garrison, by any other ways than are appointed, shall die.  
III. Whosoever in Camp or Garrison draweth his Sword upon any private quarrels, or after the Watch is set, shall die.  
iv Whosoever without order from his Officer, discovereth the Watchword, or giveth any other word than the true word, shall die.  
V Whosoever committeth violence upon Victuallers, or any others who bring Provision for the Army, shall die.  
VI Whosoever without order speaketh with Drum. or Trump. sent from the Enemy, shall die.  
VII. Whatsoever Sentinel or Pardue shall be found sleeping upon Duty, shall die.  
VIII. Whosoever carrieth Arms, pretending to be a Soldier, and is not, within three days after he hath been in the Army, enroled in some Troop, or Foot Company, shall die.  
IX. Whosoever is enroled, if he go away without licence from the Army, Garrison or Camp, or shall attempt to go over to the Enemy, shall die.  
X. Whosoever absents himself from the Watch, when the Sign is given, shall be liable to arbitrary punishment.  
XI. Whosoever in his quarter shall frighten or abuse his Landslord, or any other Person of the Family, or extort from them by violence money or victuals, shall be most severely punished.  
XII. Whosoever by day or night shall departed from his Sentinel before the Corporal relieve him, shall die.  
XIII. Whosoever absents himself from the Court deguard, either by day or night, without leave, shall die.  
XIV. Whatsoever Soldier without order shall frequent any gatherings together, to demand money or any thing else, especially if it be to demand money when they are going against an Enemy, shall die.  
XV. Whosoever shall refuse to work any manner of work he can, at making of Forts or Leaguers (need so requiring he be commanded to do) shall die.  
XVI. Whosoever Soldiers, Victuallers, or others, shall pollute the Camp by disburdening of nature, or otherways (except Officers, who are to have their own houses of Office appointed for them) shall be censured by the Court at pleasure.   

VII. Duties of Soldiers toward Superiors.  
I. WHatsoever Soldier presumeth to quarrel with his Officers, shall die.  
II. Whatsoever Soldier deserteth his own Captain, or Servant his Master, howbeit he abide in the Army, shall die.  
III. When the Army is in Batallio, or on a March, or about to receive orders for quarters, let every private Soldier keep silence, or forthwith be committed to the Marshal.  
iv Whosoever shall resist the Provest Marshal or any other that belongs to him going about his duty, or yet shall break prison, shall die.  
V Whosoever thinketh himself injured, shall thereupon attempt his own revenge, shall be censured by the Court: but if he make his address to the Officer of him who gave the abuse; the Officer shall be obliged to give him full satisfaction.  
VI Whatsoever Trooper or Foot Soldier shall presume to draw his Sword in the presence of his General, Lieutenant General, or Major General, meaning to do harm therewith, shall have his hand cut off.   

VIII. Concerning the Musters.  
I. LEt no Muster-master upon his highest peril knowingly pass any who are not of that Troop or Company wherein they are mustered.  
II. Whosoever, Victualler, Free-booter, or Soldier of another Troop or Company, shall present himself or his horse at the Muster of a Troop or Company, to which he doth not belong, thereby to abuse the Muster-master, or betray the King's service, shall die.  
III. Let every Captain upon his peril, within two days after the Muster-day, send to the General a perfect list of all his inferior Officers and Soldiers fit for present service, setting down at each man's name his months pay.  
iv Let every Captain likewise at or upon every pay day send to the General (or some one appointed by him for that purpose) the Comtprol of the former List or Roll; with an exact account of all such new Troopers and Soldiers as have been entertained since the last pay day, in place of such who may either have died, or have been cashiered, together with the days both whereon the one was cashiered, and the others entertained.  
V Neither let the Muster-master adventure to receive any Roll other than this so attested, thereby to make his Musters: otherways, besides the loss of his place, let him undergo the censure of a Court Marshal.  
VI Whosoever presents himself to be mustered or enrolled under a counterfeit name or surname, shall die.  
VII. No Officer of whatsoever degree shall muster more servants then what His Majesty allows, and that His Majesty may be pleased to determine unto each Officer his number of Servants to be mustered, is hereby humbly expected.   

IX Duties in Action.  
I. Whosoever upon the alarm given, doth not instantly (if able) repair to his colours, shall die.  
II. Whosoever before or at the fight shall throw away his Arms, Powder or Bandeliers, shall die.  
III. Whosoever killeth an Enemy yielding himself, besides the infamy, shall undergo the censure of the Court.  
iv Whosoever shall protect an Enemy, having in his hand Arms Offensive, shall lose his prisoner.  
V Whatsoever Soldier, yea, or Officer, shall not present his prisoner to the General, or those by him appointed, within twenty four hours after he hath been taken, shall die.  
VI Whosoever upon success (how good soever) shall fall a plundering or pillaging, shall die.  
VII. Whosoever shall meddle with, or spoil the Goods of him who shall die or be killed in the Service, shall be found to refound the double to such as hath best interest, either by the Will of the Dead, or otherwise by Blood; and further, be obnoxtious to the further censure of the Court.   

X. Concerning Victuallers.  
I. Whatsoever Victualler, Sutler, or Mercatenter, shall vent or sell any rotten or spoiled Victuals, besides his Imprisonment and Confiscation of his Drink and Victuals, he shall undergo most severe punishment.  
II. Let no Soldier turn Victualler nor Mercatenter, without licence from the General.  
III. Let no Mercatenter entertain in his House, Hut, Tent, or Cabin, any Soldier after Taptoo at night, and before the Dienne in the morning.  
iv Whatsoever Mercatenter shall forestall or sell any Drink or Victuals, before a price be set thereupon by the Provest-Marshal, shall lose all he hath, and be liable to further censure.   

XI. Concerning the Judicatory, or Court-martial.  
I. TO the end these  Acts and Ordinances may be more orderly execute: Let there be in the Army two Councils of War, or Courts Martial; One Inferior in every Regiment, wherein the Colonel or Lieutenant-Colonel shall preceded, with so many Captains, Lieutenants and other Inferior Officers, as may amount to the number of thirteen, besides or with the Precedent.  
II. In the other, which is the high Court Martial, shall preceded the General, or one of the general Persons. His associates (as assessors) shall be the Colonels of Horse and Foot, Lieutenant-Colonels, Majors, with the Captains of the Life-guards, and of the other Troops and Foot Companies, to the number of thirteen, with the Precedent.  
III. The Precedent sitting at the upper end of the Table, and his assessors in each side, according to their Quality, with the Secretary at the lower end, all of them shall take this Oath following.  
The Oath of the Court.  
I A. B. do hereby in presence of Almighty God Declare and Swear, that I shall freely and readily, without feed or favour, fear, or revenge, deliver my Judgement in every Particular at present to be debated or determined in this Court, according to my Conscience, and knowledge in the known Laws, and Articles of War. So help me God  
iv All Officers and Soldiers shall do their best to detect, apprehend, and bring to due punishment all transgresors against these Laws, and to be assistant to the Provest Marshal, as they will answer the contrary; So that whosoever shall shelter or rescue a Prisoner from the Marshal, are to be censured as guilty of the same Offence for which the Prisoner was to suffer.  
V The Marshal shall not be countable for any Prisoner sent to him, unless he who send, shall send together with the Prisoner the ground and cause of his Imprisonment, and that in writ.  
VI Whosoever upon evidence of Malversation shall be apprehended by, or delivered to the Provest Marshal, the Marshal shall be obliged at the first conveniency to exhibit the prison with his accusation before the Court.  
VII. But if the Marshal shall suffer a Prisoner to escape, besides the loss of his place, he shall be liable to the punishment due to the Prisoner so escaped.  
VIII. All Civil Magistrates whatsoever, whether in City or Country, are required to apprehend and send to the next Garrison, together with the nature of their offence, all whomsoever belonging to the Army they shall find in any kind of innormity; That so they may be sent to the General, by whom, with advice of the Court, they are to be judged by Martial Laws. Likeas, they are likewise required to seize and apprehend whatsoever Soldier they shall find straggling, or gadding abroad in the Country, and forthwith send him to the next Garrison.  
IX. Whosoever shall obstruct, threaten, or menace the Court, or draw his Sword where it is sitting, shall die.  
X. Whatsoever Pecunial Mulct or Fine may be imposed by the Court, shall be severely exacted, without respect of persons, and Collected by such whom the General shall appoint.  
XI. If any casual thing, or new emergent should happen, against which there is in these Articles no special provision: In such cases the Offender shall be liable to censure at the Judgement of the General, and the respective Courts Martial; otherwise let him be proceeded against as disobedient and mutinous.   

CHARLES R.  
Our will and pleasure is, That these Laws and Articles of War, for the Government of our Forces within our Kingdom of Scotland, be forthwith printed and published, and that they be duly executed and observed by all our Officers and Soldiers within that our Kingdom.  
Given at Our Court at Whitehall, the fourth day of January, 1667. And of our Reign the eighteenth year. By His Majesty's Command. LAUDERDAIL.   
FINIS.