Advertisement. LAtely Published a Book entitled, A Discourse of Trade and coin; in which most of the Notions mentioned in this Tract referring to Trade are enlarged. Sold by B. Alymer at the Three pigeons against the Exchange in cornhill. LAWS AND ORDINANCES, Touching Military Discipline. Translated into English by I. D. Edinburgh, Re-printed by the Heir of Andrew Anderson, by Order of His Majesties Privy Council, 1689. EDINBURGH, The twenty eighth day of June, One thousand six hundred eighty nine years. HIS Majesties High Commissioner, and the Lords of His Majesties Privy Council, Do Ordain, that the Laws and Ordinances touching Military Discipline, which is Printed at the Hague in Anno One thousand six hundred seventy six, to be Re-printed. Extracted by me GILB. ELIOT, Cls. Sti. Concilii. Laws and Ordinances touching Military Discipline. WHereas by daily experience, many disorders are found, to grow amongst those that bear Arms tending to the great damage of those Countreys, and prejudice of the Government thereof, ●hich notwithstanding, are not any where so punished as 〈◇〉 reason they ought, because there is no certain Order, ●r law touching like matters as yet Decreed and Publish●d: The States General of the United Provinces, have ●… erefore( with the Advice of the Council of State of the ●… me) ordained, appointed, and decreed, do by these Pre●●nts Ordain, Appoint, and Decree the Orders or Laws ●… re ensuing, which, their will is, to give from point to ●oint strictly observed and followed by all those that bear ●rms in their Service, To which end it shall be every ●here Published, and accordingly Sworn to by the Soul●… ers. FIrst, he that shall take the Lords Name in vain, or blaspheme the same, shall for the first time make honourable amends, and be kept three days in Prison 〈◇〉 Bread and Water: The second time shall have a glow●… g Iron thrust through his Tongue, then be stripped to his ●… irt, and so banished out of the United Provinces. 2. The like Penalty shall they incur, for the first and ●… cond times, who shall either do or say ought in despite, 〈◇〉 derision of Gods Word, or the Ministers of the Church. 3. All wilful murders, Rapes, Adultery, Firing of ●… uses, Thievry, Violence, Outrage, falsehood, and other like bad Facts, and open Offences, or unnatural Abuses, shall be Punished with Death. 4. None shall any way Outrage, Strike, Knock, Beat, Threaten or dishonestly touch any Widows, Married or Unmarried Women, such as are in Child-bed, or with Child, or any young Children, on pain to be Discharged without Money or passport, or else Punished Corporally, according to the quality of the Offence. Likewise all common Whores shall for the first time be expulsed out of the Camp with shane, and being found there the second time, soundly Whipped and Banished. 5. He that shall have done or conspired ought against the States, the country, Towns, or other places thereof, or against any Governours, or Captains in the same, whereby the public State of the Land may be in any sort endamaged, or endangered: As also, whosoever shall consent thereunto, shall without any mercy be Hanged. 6. The like Punishment shall they also incur, whosoever coming to the knowledge of any such matter, shall not reveal it to their Captain, or chief Officers. 7. None shall raise any Mutiny, or make any unlawful Assembly, on whatsoever secret, cloaked, or other purposes: Nor for what cause soever it be, without Order from their Commanders, on pain of hanging. 8. In like sort shall they also be punished, that shall be present at such Assemblies, or call, stir up, and incite any to be present thereat. And is to be understood also, that such Officers as shall be at the like Seditious Meetings, shall receive punishment before all other Souldiers, except those( that are no Authors thereof) 9. He that shall speak ill of the States General, or particular, the Council of State, or other superiors, or shall speak ought to despise or deride any of them, shall without mercy be punished with Death. 10. He that shall have spoken any words tending to Sedition, Mutiny, or Disobedience, or that having heard such words, and shall not presently acquaint his Captain therewith, shall be punished with Death. 11. In like sort shall they also be punished, who rehearse any such words in presence of private Souldiers, either of themselves, or by suggestion of others, or practise ought, whereby any Mutiny or Sedition may grow. 12. No man, be it out of guarded, or Besieged places, or in other like cases, shall use any Speech or Correspondence with the Enemy, nor sand him any Messages, or Letters, nor receive any from him, nor deal in like sort with any of his confederates, be it in secret or public, without the Consent first had of his governor or Captain, or that he make it forthwith known unto him, unless he be thereto authorized. Neither shall any man be adherent, or in any sort-assistant to the Enemy, on pain of Death. 13. Likewise none shall Confer or Converse with any Trumpet or Drum of the Enemies, or any other sent on Message from him, but they only who are thereto appointed, on pain of Death. 14. None shall in going, departing, lying still, Mustering, or in garrison, do Outrage, or Spoil to the Inhabitants of these Countreys, their Favourers or confederates, or take from them any Victuals, Money, or ought else, without paying duly for the same, nor yet throw down, or spoil any Water-Milns, or Water-Works, nor set on Fire the same, or other Houses, or else the Camp, at the breaking up thereof, without special Command from the General, or other chief Officer, on pain of Death. 15. Likewise none shall either do or practise ought against any persons, Towns, Villages, Forts, Havens, or whatsoever Goods warranted by passports, or other Assurances from the Generality, on pain of Death. 16. He that will depart from one Company to another, or elsewhere, or will leave the Colours under which he serveth, is to have a sufficient passport from his Captain, or Commander, and failing therein, shall be punished with Death. 17. Whatsoever Captain shall entertain Souldiers without a lawful Discharge from their former Captain, shall be punished with Death. 18. If any soldier( serving on Horse or Foot) shall knock or strike his Host, Hostess, their Man or Maid-servant, he shall for the first time be kept three dayes at Bread and Water; the second, make an honourable amends, and before the whole Watch be disarmed, and then banished out of the Company. And if the party so stricken be maimed, or Blood drawn, then shall the soldier offending have his Hand stricken off. 19. Whosoever shal have taken or stolen any Victuals, or other provisions brought up, towards the Camp, garrison, or any Towns, or places under the Jurisdiction of the States General, shall be Hanged. 20. Likewise, none shall out of the Camp or garrison forcibly take, or else buy up before hand, any Victuals or Goods bound thitherwards, before the same shall be brought to a fit place for sale, and Taxed: Neither shall he Rob any cabin, Shop, Tent, victualler, or Merchand that is there, for the help of the Camp or garrison, on pain of Death. 21. He that shall go out of the Quarter from his Colours, or garrison, further than a Canon shot, without his Captains leave, shall be punished with Death. 22. Whosoever shall go out of the Camp, Besieged-Town, Fort, or other place, without the special consent of his Captain, or Officer, for any Cause, be it for forage, or ought else, shall be Hanged. 23. Whosoever shall take any Cattail, or Beasts within the Lands that ly under the obedience of the Generality, shall be punished as a Thief. 24. He that in Marching by Land towards the Field, or in returning thence, shall forsake his Colours, or Corner, shall without any mercy be punished with Death. 25. And whosoever( not being visited with manifest Sickness, and the same known to his Captain, or Commander) shall keep along with the Baggage, or ride on the wagons, shall be disarmed before the whole Company, and then Banished without Money or passport. 26. If any shall neglect his Watch, or Service committed unto him, he shall be punished with Death. 27. If any soldier shall be found sleeping on his Sentinel, he shall without any Mercy be punished with Death. 28. Whatsoever soldier shall, either by day or night, depart from his Sentinel, where he hath been placed by his Corporal, unless he be called thence, or relieved by the said Corporal, shall receive punishment of Death without any mercy. 29. None shall declare or make known the Watch-word to the Enemy, or any other, nor give any other Word than is given him by the Officer, on pain of Death. 30. Whosoever shall absent himself out of the Court of Gard above two hours in the day time, or any within the night, without his Corporals leave, shall be punished with Death. 31. None shall without lawful cause raise any Tumult, or alarm, nor Discharge a piece by night, nor make any noise, nor do ought else, whereby the same may grow( without cause) on pain of Death. 32. He that shall presume within the Camp, Quarter, or place, where he lieth in garrison, as also after the Watch is set, to draw his Weapon shall forfeit his Life: As also if he do it out of the Camp, Town, or place, without leave of his Officer. 33. He that shall strike any man with his Sword undrawn, or with a Cudgel, ston, or otherwise, that Blood follow, shall lose his Hand. 34. He that shall give any one a Box on the Ear, shall in presence of the Company take the like Box again of the party so wronged, and besides be Disarmed and Banished the Company. 35. No soldier shall without Order from their Chief Captains, or Commanders, hold any common Meeting, or gathering together, be it to demand Money or ought else, nor yet be present at such Assemblies, on pain of Death. Provided always, that such Captain, or Commanders as shall suffer the same to happen at undue Seasons, and in unlawful wise, shall( for an example to others) be punished with Death before all the soldiers. 36. If any shall call for Money as they are Marching in the face of the Enemy, or upon any Enterprise, they shall receive punishment of Death without any mercy. 37. If it chance that the monthly Entertainment be not payed on the very day, or that it cannot be sent unto the soldiers for some cause, be it through any hindrance of the Enemy, or otherwise, none shall therefore make any Tumult, or speak Seditious Words, or seek to force his Captain to the payment thereof, neither yet any whit the less Discharge, and have care of his Marches and Watches, but contenting himself with a reasonable Loan, until the Money be come, or may come, shall fully perform the Duty required of a good soldier. And whosoever doth the contrary, or accompany those that do it, shall be punished with Death. 38 No Captains, Lieutennants, or Ensigns shall depart out of the place where their Companies ly in garrison, whether it be to solicit for payment of their said Companies, or for their own business, without leave of their Commanders or governor, on pain of Death. 39. He that shall in any quarrel, fight, or otherwise call those of his Nation to help, or gather an Assembly, shall be hanged. 40. He that shall be found by day or night out of the Camp, or place Besieged, without his Captains leave, shall be punished with Death. 41. Whosoever shall go on Free-booting, and commit spoils, extortions, and Theft, shall be hanged. 42. If one soldier challenge another into the Field, without leave from him that commands in that Quarter, he shal be punished with death. 43. If any Corporal, or other commanding the Watch, shall suffer two Souldiers to go forth to fight, he shal without mercy be punished with death. 44. Any soldier being wronged by word or dead, he shal repair to him that commands in the Quarter, who after the hearing of both Parties, shal cause satisfaction of the wrong to be made unto the Party interested, with bare head, and in presence of the whole Watch: And if he find cause, shal also disarm the wrong-doer, and banish him out of the Company. 45. And if there be no Witness of the quarrel, then shal the said Commander cause the Parties to agree in his presence, whereto if they will not condescend, then both, or he that denies it, shal be disarmed, and banished out of the Company. 46. Whatsoever soldier or Commander shal go out of the Camp, Town, or Fort, or enter thereinto by any other way than at the Ports and ordinary Entrances, shall be hanged. 47. If any soldier shal refuse the Command of his Captain, or any other who Commands over him in the service of the States General, and not perform the same, he shal be punished with death; as he likewise shal, who transgresseth any of the Generals Commandments published by sound of Drum or Trumpet. 48. At the sounding of any Alarm, every one shal resort to his Ensign, or Cornet, and whosoever comes not thither( unless it be on apparent necessity) or runs to another place without consent and special order from his Commander, or comes not so soon as his Ensign, shal be punished with death. 49. Every soldier shal aid and defend his Colours by day and night, and on the first warning repair unto them, not departing thence, until it be brought into a place of safety, on pain of death. 50. If any shal depart out of the Order, or Rank wherein he is placed, unless it be on necessary occasions, and that he had therewith acquainted his Officer, he shal be punished with death. 51. He that shal first begin to flee in a battle or Assault, may lawfully be slain thereupon by any one; and if he escape, he shal be declared a Villain, and receive punishment of death without mercy. 52. None that is appointed to the defence of any Breach, Trench, or sconce, be it Captain or soldier, shal willingly forsake the same, or through any false or coloured occasions or excuses, absent himself from thence, without sufficient order, or warrant allowed by the Council of War, on pain of death. 53. None shall surrender or deliver to the Enemy any place, the keeping whereof is committed unto him, on pain of death. 54. Likewise none shal run from his Quarter in a Besieged place, cry for Composition, or speak thereof, be unwilling to fight, labour, or defend their Quarter, or make others unwilling thereunto, or do ought else in such a place, whereby the defence thereof may be hindered, on pain of death without any mercy. 55. If any man run away to the Enemy, or in such his flight be taken by the Enemy, he shal be punished with death. 56. No Captains shal seduce, or entice away each others Souldiers, on pain of death. 57. Whosoever shal by word or dead busy himself with the Sergeant M●jor doing his Office, be he Captain or soldier, shal without mercy be punished with death; as he also shall, who will not content himself with that Quarter, or Lodging, whereto he shal be appointed to be Quarter-master or Furrier, or who will disturb another man in his place. 58. If any soldier having the Watch, shal come to his Colours not fully Armed, to March with the rest unto the Watch, he shal for the first time be kept three days at bread and water, the second disarmed, and banished for three Moneths out of the Company, and the third time suffer death. 59. Every one, of what condition soever he be, shall forthwith, or before the evening bring before him that Commands in the Quarter, all such Prisoners as shal be taken of the Enemy, on pain of forfeiting the said Prisoners, and to be punished besides with death. 60. And if any shal take prisoner a General, Commander, or other man of account of the Enemy, he is forthwith to present, or cause to be presented the said Prisoner unto the States General, or Council of State, and withal to deliver him over, as also whatsoever other Prisoners they will take to themselves, receiving therefore a reasonable reward, according to the quality and ability of the Prisoner; provided that it exceed not the sum of 5000 Gilders: And so the said Prisoner shal be at the disposing of th' aforesaid States, and he that took him pretend no further interest in that behalf. 61. Likewise none shal kill any Prisoner, or set his ransom, or after the payment of the said ransom, suffer him to depart without leave of the General, or him that commands the Quarter, on pain of being disarmed, and banished out of these Countreys. 62. And if any Prisoner be found walking along the Campeso, place of garrison, without leave of the General, or him that commands there, he to whom the Prisoner belongeth shal forfeit him to those who shal first lay hands on the said Prisoner. 63. Concerning lawful Prizes, whosoever bring in the same, shal acquaint therewith the General, or him that commands in the Quarter, within three hours after their return, to the end they may be accordingly registered, on pain of forfeiting the same, and to be besides punished on the body. 64. Whosoever shal have gotten any thing upon the Enemy, and giveth not notice thereof, as aforesaid, that it may be registered, and after sold in the Camp or place of garrison, but shal sell, or cause it to be sold in the Places or Towns near thereunto, shal without any mercy be punished with death, to the end that better order be held in all, and no man wronged in his right. 65. When a soldier shal have done any offence or fault, his Captain shal be bound( on pain of three Moneths suspension from his Charge) to deliver the said soldier into the Generals hands, or his that commands in the Quarter, who with the Captains, Lieutenanss, and Ensigns then present, shal upon the information, which he shal cause to be taken thereof, Judge according to these Orders and Laws. 66. He that is drunk on his watch-day, shal be cassiered, and banished out of the Company. 67. If any one drink himself drunk, and in his drunkenness commit any ill, or ought forbidden, he shal not thereby be excused, but so much the more sharply punished. 68. If any Captain or soldier shal refuse the Muster or Review, he shal be Cassiered. 69. None shal at the Muster let himself be entered by a changed, or other name than his own, nor pass muster with a borrowed Horse or Arms; neither shal any on the Muster day lend the like, on pain of being disarmed, and banished out of the Company. 70. None shal let himself be entered, or Muster under two Companies, on pain of death. 71 None shal diminish or pawn his Arms, which are appointed him by his Captain, on pain of being disarmed, and banished for six Moneths out of the Company. 72. None shal likewise take or pawn any Souldiers Arms, on pain of losing double the worth of the Pawn. 73. None shal play away or quiter his Arms, but keep the same always clean and serviceable, on pain of being Cassiered out of the Company without Passport. 74. None shal by cozenage get away his Fellows Provisions, Victuals, or Arms, on pain of being disarmed, and banished for three Moneths out of the Company, or else besides, of sustaining corporal punishment, according to the quality of the offence. 75. He that shal presume to set upon a Commissary of the Musters, or wrong him either in word or dead, shal be punished with death. 76. If any Captain give his Souldiers less than the Pay allowed him by the States, he shal be disgraded. 77. If any soldier proffer to draw his Weapon against his Chief, or Commander, he shal be punished with death. 78. If the Provost or his Officers apprehended one or more Souldiers, none( of what degree soever) shal oppose himself there against, or rescue, or attempt to rescue the said Prisoners, on pain of death. 79. Furthermore, no Officer nor Gentleman of any Company of Horse or Foot, nor any common soldier, shall Victual in any Camp, without the Generals special consent, on pain of being disarmed. 80. Likewise all Victuallers that Victual in the Camp, shal be subject to the aforesaid Articles, and the Council of War there being, on the penalty herein contained, and shal not draw any Wine or Beer for any one in the evening, an hour after the Suns setting, or in the morning as much before the rising thereof, on pain of Forefaulting 3 Gilders for every time they shal be found to have done so: The said Forefault to be converted, the one half thereof to the Provosts behove, and the other to the relief of the poor. 81. All other abuses and offences not specified in these Orders, shal be punished according to the Ordinances, Laws, and Customs of the War. 82. And if any Souldiers should not be present at the proclaiming of these Orders and Laws, they shal notwithstanding be as much bound to the observation of them, as the other who were present. But to the end none may pretend ignorance, and every one have notice thereof, the States General have given Order, that the same shall be every where published on the Muster-day, and charged the Commissaries to cause all the Souldiers to swear accordingly thereunto. THus done and decreed at Arnhem, after sundry Conferences had hereupon with the chiefest Commanders of these united Provinces; It being further appointed, that these Orders and Laws shal be published both in the Camp, and wheresoever else it shal be meet and requisite, and that at every Muster the Commissaries shal red and propound the same again unto the Companies. August 13. 1590. By Order of the Council of State, Chr. Huygens. FINIS.