MILITARY ORDERS AND ARTICLES Established by His Majesty, For the better Ordering and Government of His MAJESTIES Army. ALSO Two Proclamations, one against plundering and Robbing. The other against Selling or Buying of arms and Horse. With some other Additions. Re-printed by His MAJESTIES Command AT OXFORD, By LEONARD LICHFIELD, Printer to the university. 1642. CHARLES R. CHARLES by the grace of God, King of England, Scotland, France, and Ireland, &c. Defender of the Faith. To all Officers of Our Army, Colonels, Lieutenant-Colonels, Serjeant-Majors, Captains, and other Our Officers and Souldiers of Horse and Foot. And to all Our loving Subjects and other whom these presents may concern, Greeting. KNow ye, That We, being compelled to Our great grief to raise an Army for the chastising and suppressing of certain Our disloyal and Rebellious Subjects, who, casting away all fear of God from before their eyes, have of late taken up arms, and levied war against Us their natural Liege Lord, Our Crown and Dignity; and by way of open hostility have spoyled Our loving Subjects in sundry places, of their goods and lives: Have now further thought fit, by the advice and council of Our right trusty and well beloved Cousin and counselor, Robert earl of Lindsey, &c. Lord Lieutenant general of Our said Army, and Armies, throughout this Our Realm of England, to make, ordain, and establish certain laws and Ordinances for the better government of Our said Armies, which We hereby command inviolably to be observed, under the pain and penalty in them respectively expressed, of the Tenor following. FIrst, let no man presume to blaspheme the holy Trinity, God the Father, God the son, and God the holy Ghost; Nor the known Articles of Christian Faith; upon pain to have his tongue bored through with a red-hot Iron. 2 unlawful oaths and Execrations, and scandalous acts in derogation of Gods honour, shall be punished with loss of pay, and other punishments, at discretion. 3 In the same manner shall be punished all those who abuse and profane Places, and utensils, or Ornaments dedicated to Gods worship, or violate, or wrong his Ministers. 4 All those, who often and wilfully absent themselves from Sermons, and from Morning and Evening Prayer, shall be proceeded against at discretion: And all Commanders are straightly charged to see Almighty God reverently served, and Sermons and Prayers duly frequented by their several Companies, upon pain of being taken and judged negligent in their Office. 5 No man shall use any traitorous words against his Majesties Sacred Person, or royal Authority, upon pain of death. 6 Whosoever shall be convicted to do His Majesties service negligently, and carelessly, shall be punished at discretion. 7 Whosoever shall presume to violate His Majesties safeguard, or safe conduct, shall die without mercy. 8 Whosoever shall use any words, tending to the hurt or dis-honour of the Lord-Lieutenant-Generall, shall be punished with death. 9 No man shall presume to quarrel with his superior Officer, upon pain of cashiering, and arbitrary punishment, nor in such quarrel to lift up his hand to strike any such, upon pain of death. 10 No man shall resist, draw, lift, or offer to draw, or lift his weapon against an Officer, correcting him for his offence, upon pain of death. 11 No soldier shall depart from his Captain without licence, though he serve still in the Army, upon pain of death. 12 Every private man and soldier, upon pain of imprisonment, 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 commands executed. 13 No persons shall make any unlawful assembly, or be present or assisting thereunto, or in, or by them demand their pay, upon pain of death. 14 No man shall resist any Officer in the execution of his Office, or break prison, upon pain of death. 15 None shall utter any words tending to sedition and uproar, or mutiny, upon pain of death. 16 The same punishment shall be inflicted upon them, who, after they have heard mutinous speeches, acquaint not their Commanders with them. 17 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 Martiall-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. 18 drunkenness in an Officer shall be punished with loss of place: in a common soldier with such penalties as the Lord general or Court-Marshall shall think fit. 19 No man shall use reproachful or provoking words, or acts to any, upon pain of imprisonment, and such further punishment as shall be thought fit to be inflicted upon enemies of Discipline and Service. 20 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. 21 All Souldiers coming to their Colours to watch or to be exercised, shall come fully armed, upon pain of severe correction. 22 None shall presume to appear with their Arms unfit or undecently kept, upon pain of Arbitrary Correction. 23 If a Trooper shall loose his Horse or Hackney, or a Footman any part of his Arms, by negligence, or lewdness, by Dice, or Cards, he or they shall remain in quality of Pioners, and Scavengers, till they be furnished with as good as were lost, at their own charge. 24 No Town or countryman shall presume to buy, or take to pawn an Horse, or Arms, or Clothes, or Furniture of Tents, or huts of any soldier, upon pain of forfeiting the double value thereof, and to be punished; And the soldier giving them to pawn, shall suffer a severe punishment. 25 If a Trooper shall spoil his Horse willingly, of purpose to be rid of the Service, he shall loose his Horse, and remain in the Camp for Pioner. 26 If one borrows Arms of another, to pass the Muster withall, the borrower shall be rigorously punished, and the lender shall forfeit his goods. 27 None shall presume to spoil, fell, or carry away any Ammunition delivered unto him, upon pain of death. 28 None on their March thorough the Countreys, under His Majesties Obedience, shall waste, spoil, or extort any victuals, Money, or Pawn, from any Subject, upon any pretence of want whatsoever; but shall pay for their Meat and Drink the usual rates, upon pain of death. 29 No soldier shall presume, in marching or lodging, to cut down any Fruit-trees; or to deface or spoil any Walks of Trees, or Parks, or Warrens, or Fish-ponds, upon pain of severe punishment. 30 No man shall depart a Mile out of the Army, or Camp, without Licence, upon pain of death. 31 No man shall presume to draw his Sword without Order, after the watch is set, upon pain of death. 32 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. 33 No man shall draw any Sword in private quarrel, within the Camp, upon pain of death. 34 He that makes known the Watch-word without Order, or gives any other word, but what is given by the Officer, shall die for it. 35 No man shall do violence to any that bring victuals to the Camp, upon pain of death. 36 No man shall fail wilfully, to come to the Rendezvous appointed him by the Lord general, upon pain of death. 37 No man that carries Arms, and pretends to be a soldier, shall remain three dayes in the Army, without being enrolled in some Company, upon pain of death. 38 No private soldier shall out-stay 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. 39 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. 40 Whosoever shall express his discontent with the Quarter given him in Camp or Garrison, shall be punished as a Mutineer. 41 No Officer, of what quality soever, shall go or lie out all night, without making his superior Officer acquainted with it. 42 All Officers, whose charge it is, shall see the Quarters kept clean, and sweet, upon pain of severe punishment. 43 No man shall fail immediately to repair unto his Colours, except upon evident necessity, when an Alarm is given, upon pain of death. 44 No man shall burn any House, or Barn, or spoil any Corn, Hay, or Straw in stacks in the fields, or any Ship, Boat, carriage or any thing that may serve for the provision of the Army, without Order, upon pain of death. 45 All Commanders and Officers, that find discontented humours, apt to mutiny, or any swerving from direction given, or from the policy of the Army set down, shall straightway acquaint the Lord general therewith, or others in authority above themselves, under pain of being taken, and reputed to be men negligent in their place and office. 46 An Officer that shall presume to defraud any soldier of his pay, or any part thereof, shall lose his place, and be further punished, at the Lord Generals discretion. 47 No corporal, or other Officer commanding the Watch, shall witting suffer a soldier to go forth to a Duell, or private Fight, upon pain of death. 48 Whosoever shall make or sand a Challenge to his fellow soldier, or otherwise provoke him to go into the field to fight a Duell, or single Combat, the party so challenged or provoked, may, without all slain of Honour,& in duty ought to refuse the same, and at the next Court-Marshall or council of war to be held, shall have due and full reparation made him from the party challenging or provoking, by Order of the said Court, and the Challenger shall be further punished by the Lord general, or the said Court, as they shall see occasion. 49 If any shall upbraid a soldier for refusing a challenge made or sent unto him,& demanding reparation at the Court, if he be an Officer, he shall lose his Office whatever it be, and be further punished at the discretion of the Lord general, or the Court; but if a common soldier, then with the wooden Horse, or at discretion. 50 If any shall make or sand a challenge, or otherwise provoke a Captain, or other Officer of the Army to a Duell or single Combat, he shall die for it without mercy. 51 If any two go into the field,& there draw their Swords and fight, though no death follow on either part, yet if they be Officers, they shall lose their places, and be disabled to bear Office in time to come, unless upon humble submission they or either of them shall be restored to that capacity by the Lord general in open Court, and by the assent of the mayor part thereof then present: But if two common Souldiers shall so do, they shall be punished with the wooden horse, or otherwise at the discretion of the Court, and the like to be done unto their and every of their Seconds, who in all respects, are to be taken for principals in these cases. 52 If any man shall refuse or forbear to go upon any Service commanded him by his superior, for fear of Danger, or other pretence whatsoever, or shall in time of fight retire before the retreat sounded, or shall throw away his arms and fly, he shall die for the same without mercy. 53 A Captain that is careless in the training of his Company, and exercising and governing them as he ought to do, shall be displaced, as a man unworthy of that Office. 54 All Captaines and Officers, that shall out-stay their pass, shall be punishable at the Lord general his discretion. 55 All Officers, of what condition soever, shall have power to part quarrels, and frays, or sudden disorders betwixt the Souldiers, though it be in any other Regiment or Company; and to commit the disorderer to prison for the present, until such Officers as they belong unto are acquainted with it. And what soldier 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. 56 A Captain or Officer, not refiding in the place assigned him for Garrison, without special Licence obtained from the Lord general, or governor of the place, shall for one whole weeks absence lose one whole moneths pay, and for fifteen dayes absence, two moneths pay; and upon the third offence in this kind, shall be discharged of his Command, as a man negligent in his place, and unfit to bear Office in the Army. 57 No Captain shall cashier any soldier that is enrolled, without special warrant of the Lord general. 58 No Captain of a Troop shall present, in the Musters, any but real Troopers, such as are bound by their oath and pay to follow the Troop, upon pain of death, without mercy. And if any Towns-man or countryman, Victualler, Free-booter, Enterloper, or soldier whatsoever of any other Troop, or Company, shall present himself or his horse in the Muster to misled the Muster-master, to defraud His Majesty, and to betray the Service, the same shall be punished with death. 59 No Captain of a Troop or Company shall take into his Troop or Company any Inhabitant of that place where the Troop or Company is in Garrison, upon pain of severe punishment, unless it be done by, and with the privity and consent of the general, or governor of the place. 60 That every captain, with the help of all his Officers, every time his Company goes to the Watch, shall oversee every mans arms, and where he finds any thing broken, to cause the owner thereof presently to mend them, and for what shall be lost, to commit the said soldier to prison, until he provide another, if it be not broken or lost in service: And that the said captain March in the head of his Company, at the setting of every Watch. 61 That the captain weekly pay not his Company, until he hath all his Company come to him in arms, that the Clerk that pays them, may both view the defect of arms, and also default for the present mending of them. 62 No Provider, Keeper, or Officer of his Majesties victual or Ammunition, shall imbezell or spoil any part thereof, or give any false account to the Lord general, upon pain of death. 63 Whatsoever Provant-master, having received money from the King, shall bring and furnish the Camp with unsound and unsavoury victual of any kind, whereby sickness may grow upon the Army, or the Service by that occasion be hindered, shall, upon complaint, be brought before the Court by the Provost-Marshall, and shall be heard what he can say for his justification; wherein if he fail, he shall die for such his offence. 64 No Muster-master shall witting let any pass in the Musters, but such as are really of the Troop or Company presented, upon pain of death. 65 All Captains shall cause their troops and Companies to be full and complete: And two daies after the general mustering, they shall sand the Lord general a perfect List, or Roll of all the Officers of their troops and Companies, and likewise of all the Troopers and Souldiers that are in actual service. 66 The like Roll or List shall the Captains sand to the Lord general, and to the Treasurer of the Army upon every pay-day during the service, with a punctual expression at the bottom of the said Roll, what new Troopers or Souldiers have been entertained since the last pay-day, in lieu of such as are either deceased or cashered, and likewise the day whereon they were so cashered and entertained. 67 Which said List or Roll shall be subscribed, not only by the Captain, his Lieutenant, and Cornet or ensign, but also by the Serjeants and corporals respectively; who shall declare, upon their oaths, That the Troopers and Souldiers in the said List, are real and actual Troopers, and Souldiers of the respective troops and Companies: And whosoever shall be convict of falsehood in any the premises, shall be punished with death. 68 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. 69 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. 70 No soldier shall be a Victualler without the consent of the Lord general or others authorised, upon pain of punishment at discretion. 71 No Victualler shall entertain any Souldiers in his House, Tent, or but, after the warning-piece at night, or before the beating of the Ravales in the morning. 72 All controversies between Souldiers and their Captains, and all others, shall be summarily heard and determined by the next council or Court of war, except the weightiness of the cause require further deliberation. 73 No Provost-Marshall shall refuse to keep a prisoner, by authority 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. 74 The provost-Marshall, upon having a prisoner committed by authority to his charge, in case no Information be put in against him within four and twenty houres, shall acquaint the Lord general or other chief Commander therewith, and, without special command to the contrary, shall dismiss his prisoner. 75 The Provost-Marshall having notice, That an information is given in against his Prisoner, in case the Prisoner be not brought to his trial within three dayes complete, shall acquaint the Lord general, or other chief Commander therewith, and if he receive no command to the contrary, he shall forthwith let go his Prisoner. 76 A sentinel or perdieu found asleep, or drunk, or forsaking his place before he be relieved or drawn off, or shall not, upon discovery made, give warning to his Quarter according to direction, shall die for such offence without mercy. 77 If any man employed for a Guide upon the way, or a spy upon the Enemy, shall be found false in the charge wherewith he is entrusted, he shall die without mercy. 78 If any employed for a Scout, shall not discover so far as he is commanded, or having discovered any approach of the enemy or ambushment, shall not speedily return, and give warning to his Quarter according to direction, he shall be punished at the discretion of the Lord general, or Court-Marshall; and in case it shall be proved, that he entered into any house, and there lay sleeping or drinking, or otherwise idle whilst he should have been upon the Service, he shall be punished as a sentinel, or perdieu, that is found drunk or sleeping. 79 No man shall presume to use any braving or menacing words, signs, or gestures, while the Court of Iustice is sitting, upon pain of death. 80 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 in the Marshall-Court. 81 Every man shall be bound to be assisting, and aiding to the Provost-Marshall, in the execution of his office, being thereunto required in his Majesties or Lord Lieutenant-Generalls name, upon pain of Arbitrary punishment rigorously to be inflicted. And in case it be declared, by the said Provost, the cause concerns Treason or other capital offence, and the party arrested or committed, or to be arrested and kept by him, shall, for want of such aid and assistance, escape and get away, then he or they so refusing or forbearing to aid and assist him shall die for it. 82 In matters of debt, words, or trespass arising between a soldier and another party not a soldier, concerning any act done by the soldier, the Constable or other Officer of the place, shall not arrest the soldier, but complaint of the supposed words or trespass shall be made against the soldier to the Captain, or other chief Officer of the Company or Garrison, to whom such soldier shall belong, and such Officer shall do the party speedy right and Iustice; And in default thereof, the Lord general, or Court-Marshall shall do him right, both against the party, and also against the Captain, or other Officer who so refused, or delayed to do him Iustice. Likewise if a soldier shall have cause of complaint against a man that is no soldier, he shall complain to the Civill-Magistrate, or Officer thereof, as the cause shall require, and shall expect, and have Iustice from him in time and place convenient. The Oath which every soldier is to take. I A. B. do Swear, to be true and faithful to my sovereign Lord King CHARLES, and to His Heirs, and lawful Successors; and to be obedient in all things to His lieutenant-general, for the time being; in this His Majesties war, against such Rebell-Subjects, as have already taken up, or hereafter shall take up Arms, and wage war against Him, or which shall any ways, abet, assist, or aid them. And I do further swear, to serve and defend His said Majesty, and for Him, His royal Person, Crown, and dignity, to fight to the utmost of my power and strength, and to continue in such His Service till I shall be lawfully dismissed from the same; and to come and go, and do, as I shall be commanded, required, or directed by His Majesty, or the Lord lieutenant-general of His Armies, or other my Superior Officer under him. So help me God. ALL which Our said Laws and Ordinances We straitly command to be red plainly and distinctly, by the Captain, or other chief Officer, to his own company, at least once a week. And that the Oath be administered in the respective Quarters by the Provost-Marshall general, assisted by the several Officers of each Regiment: In the Horse-quarters, by sound of Trumpet; and amongst the Foot, by beat of Drum. Given under Our hand this 28. of August. 1642. FINIS. BY THE KING. A Proclamation for the better Government of His Majesties Army, and for the preventing the plundering, spoiling, and Robbing of His Majesties Subjects, under any Pretence whatsoever, upon pain of the Punishments herein Declared. WEE, Having taken into Our Princely and serious consideration the great misery and ruin falling, and likely to fall upon Our good Subjects( if not timely prevented) by the plundering, Robbing, and spoiling of their Houses, and taking from them their Money, Plate, household-stuff, Cattle and other goods, under pretence of their being dis-affected to Us and Our Service; And these unjust and unlawful Actions done by divers Souldiers of Our Army, and others sheltering themselves in the same, under that Title; Have, of Our tender commiseration of such their sufferings, as detesting all such Horrid and Barbarous proceedings, and for their future defence and preservation, thought fit to publish and declare Our royal pleasure to be; That from hence forth no Officer, soldier of Horse or foot, or Party sent from Our Army, presume to search for, or seize upon any Money, Plate, Goods or household-stuff belonging to any of Our Subjects, of what condition soever, without Our express warrant for the same, under Our sign manual, declaring the cause of such seizure: And if any, either Officer or soldier of Our Army of Horse or Foot, presume from hence forth, to Plunder, spoil or rob any of Our People, or take from them any their money, Plate, household-stuff, or any Oxen. Sheep or other Cattle, or any victuals, corn, Hay or other Commodities or Provisions going to, or from any our Markets or otherwise, being in the Grounds, Houses, or Possession of any of Our Subjects, without giving full satisfaction for the same, upon complaint made thereof We will and command the Officer in chief of the Quarter, within which such Fact shall be committed, to proceed against such Offendor or offenders by the Law-Martiall, without Favour or connivance, and to cause him or them to be executed accordingly without Mercy. And if any Officer in chief of such Quarter shall either neglect or refuse to do Iustice upon any person whatsoever offending against any particular herein mentioned, Our will is, and We do require the Party grieved to repair unto Us wheresoever We shall remain, and appeal to Our Iustice, which We shall be ever most ready to afford any of Our Subjects for redress of their sufferings in any the least kind whatsoever. Likewise for the better Order in Our Army, and for the preservation of the due government thereof, Wee do farther strictly charge and Command all Officers and Souldiers both of Horse and Foot of the same, as also all Parties sent out; That they nor any of them presume to depart, or be absent from their Quarter, without a pass or Licence under the hand of the Officer commanding in chief in such Quarter of Our Army, upon pain of Death; nor that any other, but such Our Officer in chief, presume to give any pass or other Licence to any Officer or soldier to be absent upon pain of Cashiering. And that Our pleasure herein Declared may be fully observed, and produce the effects We intend for the good and security of Our Subjects, We do hereby further require all the Officers commanding in chief, in any the Quarters of Our Army, to cause this Our Proclamation to be published and made known to all the Officers and Souldiers under their Command; and to see that severe and due punishment be inflicted upon such as shall henceforward offend against any the least particulars herein before mentioned, As they and every of them expect to avoid Our high displeasure for the neglect thereof. Given at Our Court at Reading, the 25. day of November, in the eighteen year of Our reign. God save the King. BY THE KING. A Proclamation prohibiting all Persons whatsoever, from buying or receiving Horse or arms of any kind from any Souldiers of His Majesties Army; with a Command for bringing in of all such as have been sold, pawned, left, or lost by any soldier. WHEREAS Wee have found by Our own experience, as well as the information of others, That many Souldiers of Our Army have presumed to sell and pawn their arms, which with so great difficulty We have provided for the defence of Us and Our Kingdom, and which by Our Military Orders, and Law-Martiall is death, as well to the Receiver and Buyer, as to the Seller. And whereas other of Our Souldiers upon their March have thrown away, or through negligence have lost many of their arms, and have sold their Horses; We do hereby require all Persons whatsoever, That they hence-forth presume not to buy any arms whatsoever of any Souldiers in Our Army; and that within four dayes after the publishing this Our Proclamation, they bring and deliver all such arms of what kind soever, either Muskets, Pikes, Swords, great Saddles, Pistols, Carabines, or the like, which they have so bought or received as aforesaid, to the hands of Our trusty and Well-beloved Winter grant Esquire, Our Waggon-Master general, at John Robothams house in Granpoole in Our city of Oxford, promising them that they shall no ways suffer for what is past, so that they be not hereafter guilty of the same offence. And We do farther require every soldier of Our Army, who hath sold or pawned any of Our arms whatsoever as aforesaid, That within four daies after the publishing this Our Proclamation, he inform and acquaint the chief Officer of that Regiment wherein he serveth, with the names of such Places and Persons where and to whom he, or any other, to his knowledge, hath sold or pawned any such arms as aforesaid, promising likewise, That the said soldier or Souldiers shall no ways suffer for what is past, so that they be not hereafter guilty of the same Offence. And We further require all Persons whatsoever, who have taken up, or found any arms left or lost by any Souldiers in Our Army, or any Souldiers of the Army now in Rebellion against Us, or have bought any Horse, Gelding, or mere, of any of Our Common-souldiers, That they henceforward presume not to buy any Horse of what kind soever of any Common-souldier without the consent of the colonel or chief Officer of the Regiment of which such soldier is, and that they likewise within four dayes bring and deliver all such arms and Horses to the said Winter grant, or his deputies, at the said John Robotham's house in Our city of Oxford, who shall take a note of the names of all such who shall obey Us in these Our Commands, and present their names unto Us, that We may take notice of their Duty and affection to Our service. And if a speedy obedience be not given to these Our Commands, We shall give further direction for the searching all Houses where is probable suspicion to find any such arms or Horses. And Our Pleasure is, That this Proclamation be red in every Parish Church throughout this County, and in the head of every Regiment in Our Army. Given at Our Court at Oxford, the fifth day of January, in the eighteen year of Our reign. God save the King. FINIS.