LAWS AND ORDINANCES, Touching Military Discipline. Translated into English by I. D. crown (possibly a printer's device) Edinburgh, reprinted by the Heir of Andrew Anderson, Printer to Their most Excellent Majesties, 1691. 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 countries', and prejudice of the Government thereof, which notwithstanding, are not any where so punished as in reason they ought, because there is no certain Order, or Law touching like matters as yet Decreed and Published: The State's General of the United Provinces, have therefore (with the Advice of the Council of State of the same) ordained, appointed, and decreed, Do by these Presents Ordain, Appoint, and Decree the Orders or Laws here ensuing, which, their will is, to give from point to point strictly observed and followed by all those that bear Arms in their Service; To which end it shall be every where Published, and accordingly Sworn to by the Soldiers. 1. FIrst, he that shall take the Lords Name in vain, or blaspheme the same, shall for the first time make an honourable amends, and be kept three days in Prison at Bread and Water: The second time shall have a glowing Iron thrust through his Tongue, then be stripped to his Shirt, and so banished out of the United Provinces. 2. The like Penalty shall they incur, for the first and second times, who shall either do or say aught in despite, or derision of God's Word, or the Ministers of the Church. 3. All wilful Murders, Raps, Adultery, Firing of Houses, Thieury, 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, Knoke, Beat, Threaten or dishonestly touch any Widows, Married or Unmarried Women, such as are in Childbed, 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 shame, and being found there the second time, sound Whipped and Banished. 5. He that shall have done or conspired aught against the States, the Country, Towns, or other places thereof, or against any Governors, 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 Soldiers, except those (that are no Authors thereof.) 9 He that shall speak ill of the State's General, or particular, the Council of State, or other Superiors, or shall speak aught 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 Soldiers, either of themselves, or by suggestion of others, or practise aught, whereby any Mutiny or Sedition may grow. 12. No man being out of Garded, or Besieged places, or in other like cases, shall use any Speech or Correspondence with the Enemy, nor send 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 authorised. 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 Countries, their Favourers or Confederates, or take from them any Victuals, Money or aught else, without paying duly for the same, nor yet throw down, or spoil any Water-Milns, or Waterworks, 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 Officers, on pain of Death. 15. Likewise none shall either do or practise aught 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 departed 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 Soldiers 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 Maidservants, he shall for the first time be kept three days 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 shall 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 State's 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 , Shop, Tent, Victualer, 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 aught else, shall be Hanged. 23. Whosoever shall take any , or Beasts within the Lands that lie 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 Cornet, 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. It 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 Watchword 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 Guard above two hours in the daytime, 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 aught 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, Stone, 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 aught else, nor yet be present at such Assemblies, on pain of Death. Provided always, that such Captains, or commanders as shall suffer the same to happen at undue Seasons, and in unlawfulwise, 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 paid on every 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, Lieutenants, or Ensigns, shall departed out of their place where their Companies lie 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 Freebooting, 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 shall be punished with Death. 43. If any Corporal, or other commanding the Watch, shall suffer two Soldiers to go forth to fight, he shall without mercy be punished with Death. 44. Any Soldier being wronged by Word or Deed, he shall repair to him that commands in the Quarter, who after the hearing of both Parties●t shall cause satisfaction of the wrong to be made unto the Party interessed, with bare head, and in presence of the whole Watch: And if he find cause, shall also disarm the Wrongdoer, and banish him out of the Company. 45. And if there be no Witness of the Quarrel, then shall the said Commander cause the Parties to agree in his presence, whereto if they will not condescend; then both, or he that denies it, shall be disarmed, and banished out of the Company. 46. Whatsoever Soldier or Commander shall 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 shall refuse the Command of his Captain, or any other who Commands over him in the service of the State's General, and not perform the same, he shall be punished with Death; as he likewise shall, who transgresseth any of the General's Commandments published by sound of Drum or Trumpet. 48. At the sounding of any Alarm, every one shall 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, shall be punished with Death. 49. Every▪ Soldier shall 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 shall departed 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 shall be punished with death. 51. He that shall first begin to flee in Battle or Assault, may lawfully be slain thereupon by any one; and if he escape, he shall 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 a Captain or Soldier, shall 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 shall 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 aught 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 shall be punished with death. 56. No captains shall seduce, or entice away each others Soldiers, on pain of death. 57 Whosoever shall by word or deed busy himself with the Sergeant. Major doing his Office, be he Captain or Soldier, shall without mercy be punished with death; as he also shall, who will not content himself with that Quarter or Lodging, whereto he shall be appointed to be Quartermaster or Furrier, or who will disturb another man in his place. 58. If any Soldier having the Watch, shall come to his Colours not fully Armed, to March with the rest into the Watch, he shall for the first time be kept three days at bread and water, the second disarmed, and banished for three Months out of the Company, and the third time affer 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 shall be taken of the Enemy, on pain of forfeiting the said Prisoners, and to be punished besides with death. 60. And if any shall 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 State's 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 shall be at the disposing of the aforesaid States, and he that took him pretend no further interest in that behalf. 61. Likewise none shall kill any Prisoner, or set his ransom, or after the payment of the said Ransom, suffer him to departed without leave of the General, or him that commands the Quarter, on pain of being disarmed, and banished out of these Countries. 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 shall forfeit him to those who shall first lay hands on the said Prisoner. 63. Concerning lawful Prizes, whosoever bring in the same, shall 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 shall 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 shall sell, or cause it to be sold in the Places or Towns near thereunto, shall 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 shall have done any offence or fault, his Captain shall be bound (on pain of three months' suspension from his Charge) to deliver the said Soldier into the General's hands, or his that commands in the Quarter, who with the Captains, Lieutenants, and Ensigns then present, shall upon the information, which he shall cause to be taken thereof, Judge according to these Orders and Laws. 66. He that is drunk on his Watch day, shall be cassiered, and banished out of the Company. 67. If any one drink himself drunk and in his drunkenness commit any ill, or aught forbidden, he shall not thereby be excused, but somuch the more sharply punished. 68 If any Captain or Soldier shall refuse the Muster or Review, he shall be Cassiered. 69. None shall 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 shall any on the Muster day lend the like, on pain of being disarmed, and banished out of the Company. 70. None shall let himself be entered, or Muster under two Companies, on pain of death. 71. None shall diminish or pawn his Arms, which are appointed him by his Captain, on pain of being disarmed, and banished for six Months out of the Company. 72. None shall likewise take or pawn any Soldiers Arms, on pain of losing double the worth of the Pawn. 73. None shall play away or quite his Arms, but keep the same always clean and serviceable, on pain of being Cassiered out of the Company without Passport. 74. None shall by cozenage get away his Fellows Provisions, Victuals, or Arms, on pain of being disarmed, and banished for three Months out of the Company or else besides, of sustaining corporal punishment, according to the quality of the offence. 75. He that shall presume to set upon a Commissary of the Musters, or wrong him either in word or deed, shall be punished with death. 76. If any Captain give his Soldiers less than the Pay allowed him by the States, he shall be disgraded. 77. If any Soldier proffer to draw his Weapon against his Chief, or Commander, he shall be punished with death. 78. If the Provost or his Officers apprehend one or more Soldiers, none (of what degree soever) shall 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 General's special consent, on pain of being disarmed 80. Likewise all Victuallers that victual in the Camp, shall be subject to the aforesaid Articles, and the Council of War there being, on the penalty herein contained, and shall not draw any Wine or Beer for any one in the evening, an hour after Suns setting or in the morning as much before the rifing thereof, on pain of forfaulting 3 Gilders for every time they shall be found to have done so: The said Forefault to be converted, the one half thereof to the Provosts behoove, and the other to the relief of the Poor. 81. All other abuses and offences not specified in these Orders, shall be punished according to the Ordinances, Laws, and Customs of the War. 82. And if any Soldiers should not be present at the proclaiming of these Orders and Laws, they shall 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 State's General have given Order, that the same shall be every where published on the Muster-day, and charged the Commissaries to cause all the Soldiers 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 shall be published both in the Camp, and wheresoever else it shall be meet and requisite, and that at every Muster the Commissaries shall read and propound the same again unto the Companies. August 13. 1590. By Order of the Council of State, Chr. Huygens. Edinburgh, August 31. 1691. THe Lords of Their Majesty's Privy Council, Do hereby Ordain The Articles and Rules for the better Government of the Forces in this Kingdom, Printed by Order of His Royal Majesty King Charles the Second, in the Year One thousand six hundred seventy five, to be of new reprinted, as the same are Altered and Amended by Their Lordships. And likewise Ordains The Laws and Ordinances touching Military-Discipline, which are Printed at the Hague in Anno One thousand six hundred seventy six, and by Order of the Council of Scotland reprinted at Edinburgh in Anno One thousand six hundred eighty nine, to be again reprinted. For doing of all which, these Presents shall be to all Persons Concerned, a sufficient Warrant. Extracted forth of the Records of Privy Council, by me GILB. ELIOT, Cls. Sti. Concilii. FINIS.