Laws and Ordinances OF WAR Established for the good conduct of His Majesties Army in IRELAND. By the Lord Lieutenant General, and General governor of IRELAND DUBLIN Printed by Be● 〈…〉 most Excellent 〈…〉 by Joseph 〈…〉 Arthur earl of ESSEX, Viscount Malden Baron Capel of Hadham, Lord Lieutenant General, and General governor of his Majesties Kingdom of Ireland Lord Lieutenant of the County of Hertford, and one of the Lords of his Majesties most Honourable privy Council. ESSEX, TO ALL Officers of the Army Colonels, Lieutenant Colonels ' sergeant Majors, Captains or other Officers and Souldiers of 〈…〉 Foot, and all His Majesties Subjects and other whom these Laws and Ordinances ensuing shall concern: Which Laws and Ordinances hereby Published under Our Hands, We require al! the said persons respectively and severally in this Army or Kingdom to observe and keep on the Pains and Penalties as by these Presents are expressed. news AND ORDINANCES OF WAR. I. WE do straitly charge and command all Commanders and Officers of the Army to see that Almighty God be duly and reverently served, Prayers to be frequented that Sermons, Morning and Evening prayers bee diligently frequented, and those that often and wilfully absent themselves be duly punished. II. Blasphemy. Let no man speak impiously and maliciously against the Holy and Blessed Trinity, or any of the Three Persons, God the Father, heresy. God the Son, and God the Holy Ghost, or against the known Articles of the Christian Faith, upon pain of Death. III. Prophana. tion. No Man shall take Gods Holy name in vain, or use unlawful Oaths or Execrations, or commit any scandalous Act to the derogation of Gods Honour, upon pain of the loss of his Pay, Imprisonment, and such further punishment as a marshal Court shall think his Offence deserves. IV. traitorous words. No Man shall use any Trainerous words against His Majesties Sacred person, or Royal Authority, upon pain of Death. V. No Man shall offer any violence against, Disobedience to Comanders or contemptuously disobey his Commander, or do any Act or speak any Words which are like to breed any mutiny in the Army or Garrison, or impeach the General, Lieutenant General, or Principal Officers directions, Mutiny. upon pain of Death. VI. No Man shall wilfully or through gross ignorance fail in coming to the rendezvous or Garrison assigned to him by Us the Lord General, Not Repairing to the rendezvous. or other Principal Officer that commands the Army, upon pain of Death. VII. No Captain, Officer, or soldier of Troop or Company, Extortion, &c. upon a march. on their March through the Country, under His Majesties obedience, going to any Garrison or Place of Service, shall upon any pretence of want whatsoever, commit any waste, spoil, or Violence, to extort any victuals, money, or pawn in lieu of Victuals from any good Subject whatsoever, but shall content themselves with Meat and Drink competent, paying the usual and accustomend Rates for the same, upon pain of Death: But if in time of War or Rebellion, by occasion of any March through the Country, the soldier shall be in Want, then the Officer shall seek & provide such Diet and Lodging for them as shall be thought, fit at reasonable Rates hereto-fore accustomend, for the which the Captain or Officer shall give ready money, or for want thereof to deliver his Ticket to be satisfied upon his Entertainment. VIII. Persons not enrolled in the Army. No man that carries arms or pretends to be a soldier, shall remain three days in the Army after it is on foot, except he be enrolled in some Company, upon pain of Death. IX Not repaiing to the Colours, No man shall fail immediately to repair unto his Colours, except upon evident necessity, when an Alarum is given, upon pain of death. X No Officer or soldier What soever shall have conference or intelligence with any Enemy or rebel that is in War or Rebellion against His Majesty, Holding Intelligence with, or relieving the Enemy. or harbour or receive any such within the Camp, or in any Town, Fort, Castle or Garrison, or shall sand, or procure to be sent any victual, Ammunition, or other Relief, to any Enemy or rebel against His Majesty, neither shall do any other thing to the danger or prejudice of the Army, or being acquainted therewith shall conceal the same from the chief Officer, upon pain of death, onely such as shall be avowed and warranted thereunto by Us, or those that command the Army in Our absence may speak, Confer, have Intelligence, or Converse with the Enemy or rebel, for the advantage of his Majestes Service. XI. Revolting to the Enemy. No man shall run to the Enemy or Rebel that is in action, or abandon the Army, Garrison or Colours without licence, upon pain of death. XII Departing from Captain. No soldier shall depart from his Captain without licence, though he serve still in the Army, upon pain of death. XIII Entering or going out of the camp by unusual ways. No man shall enter or go out of the Army or Garrison when the Army is Encamped in the Field or before a Town, or near an Enemy, but by ordinary ways, upon pain of death. XIV No man shall make known the Watchword Watchword to the Enemy or any other, but by Order, nor give any word other then is given by the Officer, on pain of death. XV. Sentinel and watch. No man being set Sentinel by his Officers shall sleep, depart or forsake his place without being duly relieved or drawn off by the Officer that placed him; nor any other person being placed upon his Watch shall neglect his Duty commanded by his officer, upon pain of death. XVI. No man shall presume to draw his sword without order, Drawing sword after the Watch. after the Watch is set, upon pain of death. XVII. No man shall give a false alarm or discharge a piece in the night, False alarm, or noise in the night or make any noise without lawful cause, upon pain of death. XVIII. No man shall commit any murder or kill any person, or draw blood of any, murder, or private Quarrel. or draw any sword in private Quarrel with intent to offer violence within the camp or Garrison upon pain of death. XIX. No Corporal or other Officer commanding the Watch, Officers of the Watch suffering Duels. shall witting suffer a soldier to go forth to private Fight, upon pain of death. XX. No man shall rehears Seditious words Seditious Words in the presence of private Souldiers, upon pain of death. XXI. No persons shall make any unlawful Assembly. unlawful Assembly. or be present or assisting there, unto, upon pain of death. XXII. Mutinous demand of pay No man shall demand Money with an unlawful Assembly, or by other way tending to mutiny, more especially upon marching toward an Enemy, or upon the execution of any enterprise, on Pain of death. XXIII. Abuse to bringers in of Victuals. No man shall outrage or do any violence to any that comes to bring Victuals to the Army or Garrison, upon pain of death. XXIV. Deceit in Victual or Ammunition No Provider, or Keeper Officer of His Majesties Victual or ammunition, shall wilfully corrupr or imbezill any part thereof, or give any false account to Us with a purpose to deceive His Majesty, or to hinder the Service, upon Pain of death. XXV. No soldier in Muster shall answer for another, or take two pays, False Muster. or Muster in a false name to defraud His Majesty, upon pain of death. XXVI. No person shall sell, Spoil or sale of Ammunition. spoil or carry away any Ammunition, upon pain of death. XXVII. No soldier shall sell or lay to pawn his Horse or Hacknie, Selling or Pawning of Arms. or any part of his Furniture, arms or apparel for any respect or pretence of want whatsoever. upon pain of death. XXVIII. No man shall steal or take by force any Treasure, Robbery or Stealth. Victual or Ammunition of his Majesties, or take by force or steal from any person any Money, Arms, Apparel, or other Goods, being above the value of Twelve pence. in Marching, Camp or Garrison upon pain of Death. XXIX. Betraying Castles, Forts, &c. No man shall deliver any Town, Gastle, Fort or Sconce without Warrant, or depart from any straight or passage which he is commaned to make good, or take passport of the Enemy or any rebel in War or Rebellion, or make any ignominious composition with the enemy, or Rebel in War or Rebellion, upon pain of death. XXX. Flying from Colours, &c No man shall throw away his Arms or abandon his ensign, Cornet or Guidon or fly away in any battle or Skirmish, upon pain of death. XXXI. Departing a Mile from the Army. No man shall depart a mile out of the Army or Camp without licence, upon pain of death. XXXII. Breach of Order in Chase, &c. No soldier shall break his Order to follow Rout or Chase, or to seek any prey or spoil, except he be commanded by such as have Authority, or further then he is so commanded, upon pain of death. XXXIII No Officer or soldier whensoever any Prey or Spoil shall be taken from the Rebels, purloining of Prey or Spoil. either when the Army is in the Field or by any residing in the garrison, shall attempt to imbezle or purloin any part thereof, but shall endeavour themselves to the uttermost of their powers to keep the same together, to be disposed of by Our direction, or the direction of any other by Us thereunto authorised, upon pain of death. XXXIV. No Captain, Officer or soldier, Ransoming of Prisoners. or any other that shall take any Prisoner, shall presume to deliver him upon any ransom or conceal him, but within four and twenty hours he shall make the same known unto Us or other chief Commander, and deliver the same Prisoner under the charge of the Provost-Marshal, upon pain of death XXXV. Rape. No Man shall Ravish or force any Woman, upon pain of death. XXXVI. Burning of Houses, Corn, &c. No soldier shall burn any House or Lodging, or wilfully spoil any Corn, ship or boat or Carriage, or any other thing that may serve for the provission of the Army or his Garrison, without he be commanded so to do by us or some principal Officer of the Army, upon pain of death. XXXVII. Resisting Provost-martials, or other Officers. No Man shall resist or offend any Provost Marshal or other Officer, in the execution of his Office, by rescuing Offenders, upon pain of death. XXXVIII. Breaking of Prison. No Man that is committed shall break Prison upon pain of death. XXXIX. No Man shall commit Adultery Adultery. or Fornication upon pain of Imprisonment, banishment from the Army, or such other penalty as by the marshal Court shall be thought meet. XL. No man shall beat, Violence. threaten or dishonestly touch any man, Woman or Child, upon pain of punishment, according to the quality of the offence. XLI. No soldier serving on Foot shall carry any Boy, Boys or Women. nor any Woman shall be suffered to follow the Army, upon pain of such punishment as shall be inflicted by Us the Lord General or other Officer. XLII. Every soldier or Officer that shall be found drunk, Drunkenness. shall be committed to prison for the first offence, & if he fall into it the second time, being a private soldier, he shall besides his imprisonment, forfeit two Moneths Pay, if he be an Officer he shall lose his place, the third time a common soldier shall have such greater punishment as a Marshall Court shall Order. XLIII. No man shall give any disgraceful words, Affronts & Challenges, or commit any Act to the disgrace of any person in the Army, Garrison, or any part thereof, upon pain of Imprisonment, public disarming and banishment from the Army, as men for ever disabled to carry any Arms. And as We do forbid all men under Our Command to renew any old Quarrels or begin any new, so We do acquit and discharge all men that have Quarrels offered or Challenge made to them, of all disgrace or opinion of any disadvantage, since they do but the Duties of Souldiers, which ought to subject themselves to marshal discipline; and they that provoke them shall be proceeded with all as breakers of all good Discipline and Enemies to the good success of the service. And to the end that there may be a perfect Union, Friendship and Affection, between all those of his Majesties Army, and to prevent Quarrels and Divisions therein, It is hereby Ordered and Declared, That if any Officer of what degree soever, or any soldier, shall disparaged or disgracefully reproach any Officer or soldier of His Majesties Army, with or for any Action done or Words spoken by him during the late Troubles or Rebellions in this Kingdom, or in England or Scotland, or for having served any of the late Usurped Powers in any of the said kingdoms, that such Officer or soldier so offending, and being thereof found Guilty before a Court marshal, or by sufficient proof before Us, shall be cashiered the Army, and never more admitted into His Majesties pay. XLIV. No Captain shall through corruption or wilful or gross negligence, Weak Companies. suffer his Company to grow weak, upon pain of Imprisonment, loss of his Place, and ignominious banishment from the Army, XLV. No Captain, Lieutenant, Deceit in Musters. or other Officer of the Army, shall in the tender or presentment of their Musters use any fraud, practise or deceit, whereby the Muster Master, his Deputies or the Commissaries, may be misled, mistaken or prevented of the due understanding of the true Estate of that Company, upon pain of loss of his place, and such other ignominious punishment as by a Martial-Court shall be thought meet. XLVI. Unequal Cheques. No Muster-Master shall either for favour, friendship or other by-respect whatsoever, impose a less or greater cheque upon any Captain or Officer than his default shall justly merit, or any cheque at all where no defect or default shall appear upon due view taken of the Company; and that no cheque shall be imposed by discretion without view, Cheques without view upon pain that every Offender that shall be found to transgress in all or any part of his article, shall forfeit his place which he holdeth, and be further subject to such Corporal or pecuniary punishment as by the discretion of a Martial-Court shall be thought convenient. XLVII. Every Captain shall have a List of all the defaults in Apparel, Defects certified not supplied. Arms or Training, certified by the Muster-Master or the Commissary authorised for Musters sent unto him attested under their Hands; whereupon the said Captain shall presently take Order, that the same be fully supplied before the Muster then next ensuing such notice given him thereof, and every Captain failing in his duty, herein shall for the first neglect have one Moneths pay defalked out of his Entertainment, and if he continue the said neglect without amending & supplying the same, he shall be discharged of his place and command. XLVIII. All Captains shall be diligent in Training their Companies, Neglect in Training. and shall be careful in governing them well, and in providing for them, according to the Orders published for the Musters, and also shall see in all services, that they do the Duties of Souldiers, as they will hope for favour or advancement, or escape ignominious displacing from their charges. XLIX. arms albeit. No soldier shall appear with his Arms unfixed or undecently kept, upon pain of punishment, according to the Officers good discretion. L. Defect of Arms. No soldier shall come not fully armed to his Colours, being to watch or to be exercised, upon pain of being punished according to discretion. LI. Non Residence in Garrison. No Captain or Officer shail without express licence in that behalf signified remain or abide forth of his place Assigned unto him by Us for his Garrison, upon pain of cashiering. LII. Orderly Quarters. All Captains or Other Officers that for the time shall have command of Troop or Company, shall see them orderly Quartered as they are appointed and as they are commanded, upon pain of the loss of their places. LIII. Every private man and soldier upon pain of Imprisonment, Silenc. shall keep silence when the Army is to take Lodging, or when it is marching or imbattailing, so as the Officers may be heard, and their commandments executed. LIV. No man shall spoil or take the Goods of any that dieth or is killed in Service, Goods of the Dead. upon pain of restoring double the value; but the Goods of such as die in the Army or Garrison, if they make any Will by word or writing, shall be disposed of according to their will: If they make no will shall be distributed to the Hurt, Sick and Poor of the Company whereof the soldier was, or shall go to the Hospital of the Army. LV. No Inhabitant in Town or country shall presume to buy or take to Pawn any Horse or Hackney, or any soldier, Buying or taking to Pawn of arms. or any part of his Furniture, Arms or Apparel, for any respect or pretence whatsoever, at their peril. LVI Losing of Arms by negligence. If any Horseman shall lose his Horse or hackney, or Footman any part of his Arms by negligence or lewdness, whereby he shall be unable to discharge the duty of his place, then until he shall recover the same or furnish himself with as good, he shall remain in the state & condition of a Pioneer or sustain further punishment at Our discretion, or other Officer thereunto authorised. LVI. Unwholesome Victuals. No victualler shall presume to issue or sell to any of the Army unsound, unsavoury or unwholesome Victuals, upon pain of imprisonment and such other punishment as by a Martial-Court shall be thought fit to be imposed on him, or them, that shall so offend. LVIII. Unseasonable hours at Victualling houses. No victualler shall entertain Souldiers at unseasonable hours, upon pain of being severely punished. LIX. No soldier shall be a victualler without the consent of the Chief of the Army on pain of punishment according to discretion. Souldiers not to be victuallers. LX. No Captain shall give passport to any Officer or soldier under his Command without our leave. Captains not to give passport. LXI. No Captain or other Officer of the Army shall discharge or cashier any soldier entered in His Majesties List of this his Army, without our privity and allowance, Cashiering of Souldiers. and Our special Warrant in that behalf, unless it be by the privity and allowance of the Officers of the Musters upon the public days of Muster. LXII. Entertaining Run-away. No Inhabitant of City, Town or country, shall presume to receive any soldier into their Service, not having a sufficient authority, neither shall any conceal or hid any such Run-away, or use means to convey them out of the Kingdom, or to any other secret place, but shall at their peril apprehended all such, and deliver them over to the Provost marshal. LXIII. Detecting, &c. of Offenders. All Captains, Officers and Souldiers shall do their endeavours to detect, apprehended and bring to punishment all Offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slackness and be censured in the Martials Court. LXIV. All other Faults, Faults in general provided against. Disorders and Offences that are not mentioned in these Articles shall be punished according to the General Customs and Laws of War; And therefore it is by Us commanded, That all men look to their charge, and he that hath no charge to look to his own carriage, as he will answer the contrary. LXV. The Muster-Master General or his Deputies, shall not suffer any Officer or soldier in any Troop or Foot Company to pass Muster, unless he shall produce a sufficient Certificate under the Hand of the Bishop of the diocese, upon a Certificate made to him under the Hand and Seal of the Lawful Minister of the Parish wherein they were Quartered or Garrisoned, that they had received the Blessed Sacrament of the Communion, according to the Discipline of the Church of Ireland, the Easter or the Christmas next preceding the said Muster. LXVI. All Officers and Souldiers of His Majesties Army are hereby strictly required upon demand, to be aiding and assisting to His Majesties Officers of the Customs and excise, in seizing the goods of any person or persons that shall endeavour in any of the Ports of this Kingdom, to defraud His Majesty of his just duties of Customs and excise: And it is hereby Ordered and Declared, That if any soldier shall presume to abet or assist any person or persons that shall any way attempt the defrauding His Majesty of His said duties of Custom and excise, my soldier so offending shall undergo such Corporal punishment as shall be thought fit by a Court-Martial upon sufficient proof made thereof, and shall be Cashiered he Army: And if any Officer shal so Offend, the shall likewise be cashiered the Army. LXVII. Finally, the Marshal of the Army, the Judge marshal, the Captains of Horse and Foot in His Majesties Pay, and all other His Majesties Officers in this Kingdom whom it may concern, are hereby required to observe these Laws and to see them put in due execution from time to time. THese Laws and Ordinances We require every Captain in the Army to cause to be red in the Head of their severeal Companies forthwith, and the Chief Officers of every REGIMENT are required to see to the caeful performance and Observation, as well of this Direction as of all the said Laws and Ordinances. Given at His Majesties Castle of Dublin the 21th day of September 1672 and in the 24th Year of His Majesties Reign. Hen: Ford.