Laws and Ordinances OF WARRE, Established for the better Conduct OF THE ARMY, By His Excellency the Earl of ESSEX, LORD GENERALL Of the Forces raised by the Authority of the PARLIAMENT, For the defence of King and Kingdom. And now inlarged by command of HIS EXCELLENCY; And Printed by his Authoritie, LONDON, For Luke Fawne. 1643.

ROBERT, Earl of Essex, Viscount Hereford, Lord Ferrers of Chartley, Boucheir and Lovain: Captain Generall Of the Army raised by the Au&rehy;thoritie of Parliament, for the defence of King and Kingdom.

&Tic;O all the Officers of the Army, Colonels, Lieute&rehy;nant-Colonels, Serjeant-Majors, Captains, other Officers and Souldiers of Horse and Foot, and all others whom these Laws and Ordinances shall concern.

&Wic;hich Laws and Ordinances hereby published to all the said Persons respectively and severally, are Required and Commanded to observe and keep, on the Pains and Penalties therein expressed.

Laws and Ordinances of Warre. ―

Of Duties to God. I. Blasphemy. &Fic;Irst, Let no man presume to blaspheme the holy and bles&rehy;sed Trinity, God the Father, God the Son, and God the Holy Ghost; nor the known Articles of our Christian Faith, upon pain to have his Tongue bored with a rod-hot Iron. II. Cursing. Unlawfull Oaths and Execrations, and scandalous acts in derogation of Gods Honour, shall be punished with losse of Pay, and other punishment at discretion. III. Neglecting Divine Worship. All those who often and wilfully ab&rehy;sent themselves from Sermons, and pub&rehy;like Prayer, shall be proceeded against at discretion: And all such who shall violate Places of publike Worship, shall undergo severe Censure. ―

Of Duties in generall. I. Intelligence with the E&rehy;nemy. &Aic;LL such as shall practice and enter&rehy;tain Intelligence with the Enemy, by any manner of means or flights, and have any communication with them, without direction from my Lord Gene&rehy;rall, shall be punished as Traytors and Rebels. II. Relief of the Enemy. No man shall relieve the Enemy with Money, Victuals, Ammunition; neither harbour or receive any such, upon pain of death. III. Yeelding up of Forts. If a Town, Castle, or Fort be yeelded up without the utmost necessity, the Governour thereof shall be punished with death. IV. But if so be, that the Officers and Souldiers of the Garrison, constrain the Governour to yeeld it up: In such a case shall all the Officers be punished with death, and the common Souldiers who have been active, or have given their consent in constraining the Governour, shall cast lots for the hanging of the tenth man amongst them. V. And withall to know in what case and circumstances a Governour, and the Militia of the Garrison may be blamelesse, for the surrendring of a Town, Castle, or Fort, it is hereby expressely signified: That first they are to prove the extremi&rehy;ty of want within the place, insomuch that no eatable provision was left them for the sustenance of their lives. Second&rehy;ly, That no succour or relief in any pro&rehy;bable wise could be hoped for. Thirdly, That nothing else could be expected, but that within a short time the Town, Castle, or Fort, with all the Garrison, and Arms, Ammunition, Magazine, and appurtenances in it, must of necessity, fall into the hands of the Enemy. Upon proof of which forementioned circum&rehy;stances, they may be acquitted in a Counsell of Warre, else to be lyable to the punishment above expressed. VI. Careless Service. Whosoever shall be convicted to do his Dutie negligently and carelesly, shall be punished at discretion. VII. Violating of a Safe guard. Whosoever shall presume to violate a Save-guard, shall die without mercy. VIII. Whosoever shall come from the Ene&rehy;my, without a Trumpet, or Drum, after the Custome of Warre, or without a Passe from His Excellency, within the Quarters of the Army, or within a Gar&rehy;rison Town, shall be hanged up as a Spie.

Of Duties towards Superiours and Commanders. I. Violating of the Lord Generall. &Wic;Hosoever shall use any words tending to the death of the Lord Generall, shall be punished with death. II. Quarrelling with Officers. No man shall presume to quarrell with his superiour Officer, upon pain of Cashiering, and Arbitrary punishment; nor to strike any such, upon pain of death. III. Departing from Captains and Masters. No Souldier shall depart from his Captain, nor Servant from his Master, without license, though he serve still in the Army, upon pain of death. IV. Silence in the Army. Every private man or Souldier, upon pain of Imprisonment, shall keep silence when the Army is to take Lodging, or when it is Marching, or Imbattallio, so as the Officers may be heard, and their Commandments executed. V. Resisting a&rehy;gainst Corre&rehy;ction. No man shall resist, draw, lift, or offer to draw, of lift his Weapon against any Officer, correcting him orderly, for his defence, upon pain of death. VI. Unlawfull Assemblies. No person shall make any mutenous assemblies, or be present or assisting there&rehy;unto, or in, or by them, demand their pay, upon pain of death. VII. Resisting of the Provost Marshall. No man shall resist the Provost-Mar&rehy;shall, or any other Officer, in the execu&rehy;tion of his Office, or break prison, upon pain of death. VIII. Seditious words. None shall utter any words of sediti&rehy;on and uproar, muteny, upon pain of death. IX. Concealing mutenous speeches. A heavy punishment shall be inflicted upon them, who after they have heard mutenous speeches, acquaint not their Commanders with them. X. Receiving of Injuries. 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 Marshall-Court: But he that is injured shall be bound, if he do not forgive the injury, to seek reparation by complaint to his Cap&rehy;tain, or Colonel, or other superiour Of&rehy;ficer, and it shall be given him in ample manner. ―

Of Duties Morrall. I. Drunkennesse. &Dic;Runkennesse in an Officer, shall be punished with losse of Place; in a common Souldier, with such penalties as a Court-Marshall think fit. II. Unnaturall abuses. Rapes, Ravishments, unnaturall abuses, shall be punished with death. III. Adultery. Adultery, Fornication, and other dis&rehy;solute lasciviousnesse, shall be punished with discretion, according to the quality of the offence. IV. Theft. Theft and Robbery, exceeding the value of twelve pence, shall be punished with death. V. Provocation. No man shall use reproachfull, nor provoking words, or acts to any, upon pain of Imprisonment, and further pu&rehy;nishment, as shall be thought fit to be in&rehy;flicted upon enemies to discipline and service. VI. Seizing upon dead mens goods. 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. VII. Murther. Murther shall be expiated with the death of the Murtherer. ―

Of a Souldiers Duty touching his Arms. I. Full armour. &Aic;LL Souldiers coming to their Co&rehy;lours to watch, or to be exercised, shall come fully armed, upon pain of se&rehy;vere correction. II. Slovenly Ar&rehy;mour. None shall presume to appear with their Arms unfixt, or undecently kept, upon pain of Arbitrary correction. III. Loosing of Horses and Arms. If a Trooper shall lose his Horse or Hackney, or Foot-man any part of his Arms, by negligence of lewdnesse, by Dice or Cards, he or they shall remain in qualitie of Pioners and Scavengers, till they be furnished with as good as were lost, at their own charge. IV. Pawning or selling of Ar&rehy;mour. No Souldier shall give to pawn, or sell his Armour, upon pain of imprisonment, and punishment at discretion; and where&rehy;soever any Armour shall be found so sold or pawned, they shall be brought again into the Army. V. Wilfull spoi&rehy;ling of Horses. If a Trooper shall spoil his Horse wil&rehy;lingly, of purpose to be rid of the Service, he shall lose his Horse, and remain in the Camp for a Pioner. VI. Borrowed Arms. If one borrows Arms or another to passe the Muster withall, the borrower shall be rigorously punished, and the lender shall forfeit his Goods. VII.Imbezelling of Ammuniti&rehy;on. None shall presume to spoil, sell, or carry away any Ammunition delivered unto him, upon pain of death. ―

Of Duty in Marching. I. Waste and ex&rehy;tortion. &Nic;One in their March thorow the Counties shall waste, spoil, or ex&rehy;tort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death. II. Taking of Horses out of the Plow. No Souldier shall presume, upon no occasion whatsoever, to take a Horse out of the Plow, or to wrong the Husband&rehy;men in their person, or Cattell, or Goods, upon pain of death. III. Stragling from the Colours. No Souldiers, either Horse or Foot, shall presume in Marching to straggle from his Troop or Company, or to March out of his rank, upon pain of death. IV. Spoiling of Trees. No Souldier shall presume, in Marching or Lodging, to cut down any fruit&rehy;trees, or to deface, or spoil Walks of trees, upon pain of severe punishment. ―

Of Duties in the Camp and Garrison. I. Swerving from the Camp. &Nic;O man shall depart a mile out of the Army or Camp without license, upon pain of death. II. Going in or out by wayes. No man shall enter, or go out of the Army, but by Ordinary wayes, upon pain of death. III. Drawing of Swords after setting the Watch. No man shall presume to draw his Sword without Order, after the Watch is set, upon pain of death. IV. Giving a false Alarum. No man shall give a false Alarum, or discharge a peece in the night, or make any noise without lawfull cause, upon pain of death. V. Drawing Swords in a quarrell. No man shall draw any Sword in a pri&rehy;vate quarrell within the Camp, upon pain of death. VI.Revealing the Watch word. He that makes known the Watch&rehy;word without Order, or gives any other word but what is given by the Officers, shall die for it. VII. Offering vio&rehy;lence to Victu&rehy;allers. No man shall do violence to any that brings Victuals to the Camp, upon pain of death. VIII. Speaking with the Enemies Messengers. None speak with a Drum or Trumpet, or any other sent by the Enemy, without Order, upon pain of punishment at discretion. IX. A Sentinell asleep, or drunk. A Sentinell or Perdue found asleep, or drunk or forsaking their place before they be drawn off, shall die for the of&rehy;fence, without mercy. X. Failing at the Rendevouz. No man shall fail wilfully to come to the Rendevouz or Garrison appointed him by the Lord Generall, upon pain of death. XI. Remaining unrolled in the Army. No man that carrieth Arms, and pre&rehy;tends to be a Souldier, shall remain three dayes daies in the Army without being inrolled in some Company, upon pain of death. XII. Departing without leave. No man that is enrolled, shall depart from the Army or Garrison, or from his Colours, without License, upon pain of death. XIII. Out staying a Passe. No private Souldier shall out stay his Passe, without a Certificate of the occa&rehy;sion, under the hand of a Magistrate at the next Muster, upon pain of losing his pay, during all the time of his absence. XIV. Absenting from the Watch. He that absents himself when the sign is given to set the Watch, shall be punish&rehy;ed at discretion, either with Bread and Water in Prison, or with the Woodden Horse. XV. Discontented with their Quarters. Whosoever shall expresse his discontent with his Quarter given him in the Camp, or Garrison, shall be punished as a Muti&rehy;neer. XVI. Lying or sup&rehy;ping out of the Quarters. No Officer, of what quality soever, shall go out of the Quarter to Dinner or Supper, or lie out al-night, without making his Superiour Officer acquainted, upon pain of cashiering. XVII. Keeping of the Quarters clean. All Officers whose charge it is, shall see the Quarters kept clean and sweet, upon pain of severe punishment. XVIII. Letting of Horse feed in sown grounds. None shall presume to let their Horses feed in sown Grounds whatsoever, or to endamage the Husbandmen any way, up&rehy;on severest punishment. XIX. Whosoever shall in his Quarter, abuse, beat, fright his Landlord, or any Person else in the Family, or shall extort Mony or Victuals, by violence from them, shall be proceeded against as a Mutineer, and an enemy to Discipline. ―

Of Duties in Action. I. Repairing to the Colours upon an Ala&rehy;rum. &Nic;O man shall fail immediately to re&rehy;pair unto his Colours (except he be impotent by lamenesse or sicknesse) when an Alarum is given, upon pain of death. II.Flying. No man shall abandon his Colours, or flie away in Battail, upon pain of death. III. Flinging away Arms. If a Pike-man throw away his Pike, or a Muskettier his Musket or Bandilier, he or they shall be punished with death. IV. Burning and wasting. No man shall burn any House or Barne, be it of friend or foe, or wilfully spoil any Corne, Hay, or Straw, or 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. V. Killing an Enemy who yeelds. None shall kill an enemy who yeelds, and throws down his Arms. VI. Saving of men armed with Offensive Arms. None shall save a man that hath his of&rehy;fensive Arms in his hands, upon pain of losing his Prisoner. VII. Flinging away Powder. Whosoever in skirmish shall fling away his Powder out of his Bandiliers, that he may the sooner come off, shall be punisht with death. VIII.Imbezzelling of the prey. No Souldier shall imbezzell any part of the prey till it be disposed of by the Lord Generall, or others authorized, upon pain of death. IX. Concealing of Prisoners. No Officer or Souldier shall ransome, or conceal a Prisoner, but within twelve hours, shall make the same known to the Lord Generall, or others authorized, upon pain of death. X. Pillaging with&rehy;out licence. No man upon any good successe, shall fall a pillaging before licence, or a sign given, upon pain of death. XI. Retreating be&rehy;fore handy-blows. A Regiment or Company of Horse or Foot, that chargeth the enemy, and re&rehy;treats before they come to handy-strokes, shall answer it before a Councell of War; and if the fault be found in the Officers; they shall be banished the Camp; if in the Souldiers, then every tenth man shall be punished at discretion, and the rest serve for Pioniers and Scavengers, till a worthy exploit take off that Blot.

Of the Duties of Commanders and Officers, in particular. I. Commanders must see God duly served. &Aic;LL Commanders are straightly charged to see Almighty God re&rehy;verently served, and Sermons and Prayers duely frequented. II. Commanders must acquaint my Lord Ge&rehy;nerall with dangerous humours. All Commanders and Officers that finde any of discontented humors, apt to mutenize, or any swerving from direction given, or from the policy of the Army set down, shall straightway acquaint the Lord Generall therewith, or others au&rehy;thoriz'd, as they wil answer their neglect. III. Defraud of Souldiers pay. Any Officer that shall presume to de&rehy;fraud the Souldiers of their Pay, or any part of it, shall be cashiered. IV. Stopping of Duellers. No Corporall, or other Officer com&rehy;manding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or pri&rehy;vate Fight, upon pain of death. V. Drunken and quarrelsome Officers. What Officer soever shall come drunk to his Guard, or shall quarrell in the Quarter, or commit any disorder, shall be cashiered without mercy; and the next Officer under him shall have his Place, which he may pretend to be his right, and it shall not be refused to him. VI. Carelesse Captains. A Captaine that is carelesse in the Training and Governing of his Compa&rehy;ny, shall be displaced of his Charge. VII. Officers outstaying their passe. All Captains or Officers that shall out&rehy;stay their Passe, shall be punished at the Lord Generals discretion. VIII. All Officers bound to part quarrels. All Officers, of what condition soever, shall have power to part quarrels & frays, or sudden disorders betwixt the Souldi&rehy;ers, though it be in any other Regiment or Company, and to commit the disordered to Prison for the present, untill such Offi&rehy;cers as they belong unto are acquainted with it: And what Souldier soever shall resist, disobey, or draw his Sword against such an Offi&rehy;cer (although he be no Officer of his Regiment or Company) shall be punished with death. Officers non-resident in Garrison. IX. A Captain or Officer non-resident in the place assigned him for Garrison without license, shall have one Moneths pay defaulted for the first Offence, and two Moneths for the second: upon the third Offence he shall be discharged of his command. Cashiering of Souldiers. X. After the Army is come to the ge&rehy;nerall Rendevouz, no Captain shall ca&rehy;shier any Souldier that is enrolled, with&rehy;out speciall Warrant of the Lord Generall. Mustering of false and coun&rehy;terfeit Troops. XI. No Captain or Officer of a Troop or Company, shall present in Musters, any but reall Troopers and Souldiers, such as by their pay are bound to follow their Colours, upon pain of cashiering with&rehy;out mercy. And if any Victualler, Free&rehy;booter, Enterloper, or Souldier whatso&rehy;ever, of any Troop or Company, shall present himself, or his horse in the Muster, to mislead the Muster-Master, and to betray the service, the same shall be puni&rehy;shed with death. Commissaries of Victuals and Ammuni&rehy;tion must be true. XII. No Provider, Keeper, or Officer of Victuall or Ammunition, shall imbezell or spoil any part thereof, or give any false account to the Lord Generall, upon pain of death. ―

Of the Duty of Muster-Masters. Muster Ma&rehy;sters conniving at counterfeits. I. &Nic;O Muster-Master must wittingly let any passe in the Musters, but such as are really of the Troop or Com&rehy;pany presented, upon pain of death. Captains must send a Roll of their men to the Lord Ge&rehy;nerall. II. All Captains shall cause their Troops or Companies to be full and com&rehy;pleat; and two dayes after the Generall Mustering, they shall send to the Lord Generall a perfect List or Roll of all the Officers of their Troops and Companies, and likewise of all the Troopers and Soul&rehy;diers that are in actuall Service, putting down distinctly on the head of each man his Monethly Pay. Every Pay-day. III. The like Roll or List shall the Captains send to the Lord Generall, and to the Treasurer of the Army upon every Pay-day, during the Service, with a pun&rehy;ctuall expression at the bottome of the said Roll, what new Troopers or Soul&rehy;diers have been entertained since the last Pay-day, in lieu of such as are either deceased or cashiered, and likewise the day whereon they were so cashiered and en&rehy;tertained. Subscribed by all the Officers of the Troop or Company. IV. Which said List or Roll shall be subscribed, not onely by the Captain and his Lievtenant and Coronet or Ensigne, but also by the Sergeants and Corporals respectively, who shall declare upon their Oath, That the Troopers and Souldiers enrolled in the said List, are reall and actuall Troopers and Souldiers of the re&rehy;spective Troops and Companies. And whosoever shall be convicted of falshood in any of the premises, shall be cashiered. Muster-Ma&rehy;sters must use no other Rolls. V. No Muster-Master shall presume to receive or accept of any Roll to make the Musters by, but the forementioned Rols, upon pain of the losse of his place, and other punishment at discretion. Counterfeit names in the Rolls. VI. No man shall presume to present himself to the Muster, of to be inrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death.

Of Victuallers. Victuallers issuing naughty Victuals. I. &Nic;O Victuallers shall presume to issue or sell unto any of the Army, unsound, unsavoury, or unwhole&rehy;some Victuals upon pain of imprison&rehy;ment, and further Arbitrary punishment. No Souldier must be a Vi&rehy;ctualler. II. No Souldier shall be a Victualler without the consent of the Lord Generall, or others authorized upon pain of punish&rehy;ment at discretion. Unseasonable hours kept by Victuallers. III. No Victualler shall entertain any Souldiers in his House, Tent, or Hutt, af&rehy;ter the Warning-piece at night, or before the beating of the Ravalee in the morning. IV. No Victualler shall forestall any Victuals, nor sell them before they be appraised by the Marshall Generall, upon severe punishment. ―

Of Administration of Justice. Summary pro&rehy;ceedings. I. &Aic;LL controversies between Soul&rehy;diers and their Captains, and all others, shall be summarily heard and de&rehy;termined by the Councell of Warre, ex&rehy;cept the weightinesse of the cause require further deliberation. The Provost Marshall must look to his pri&rehy;soner. II. All Officers and others who shall send up any Prisoners unto the Marshall Generall of the Army; shall likewise de&rehy;liver unto the Marshall, the cause and rea&rehy;son of the Imprisonment; And without such cause and reason shown, the Marshall is expresly forbid to take charge of the Prisoner.III. When a Prisoner is committed to the charge of the Marshall Generall, The information of the crime which he stand&rehy;eth committed for, is to be given in to the Advocate of the Army, within 48 hours, after the commitment, or else, for default thereof, the Prisoner to be released, ex&rehy;cept good cause be shown; wherefore the Information cannot be ready within that time. Goods of the destinct. IV. The Goods of such as die in the Army or Garrison, or be slain in the ser&rehy;vice, if they make any Will by word or writing, shall be disposed of according to their Will. If they make no Will, then shall go to their Wives, or next Kin. If no Wife or Kindred appear within a yeer after, shall be disposed of by the appointment of the Lord Generall, according to the Laws Civill and Military. Civill Magi&rehy;strates impri&rehy;soning Souldi&rehy;ers. V. No Magistrate of Town or Coun&rehy;trey, shall without license imprison any Souldier, unlesse for capitall Offences. For debts and other small offences. VI. In matters of debts or trespasse, or other inferiour cases, the Magistrate shall acquaint his Captain, or other chief Officer therewith, who is to end the mat&rehy;ter with rhe consent of the complainant, or to leave the party grieved to take his remedy by due course of Law: And if the Officer fail of his duty therein, the Lord Generall upon complaint of the par&rehy;ty grieved, will not onely see him righted, but the Officer punished for his neglect in this behalf. Braving the Court of Justice. VII. No man shall presume to use any braving or menacing words, signes, or gestures, while the Court of Justice is sit&rehy;ting, upon pain of death. Receiving of Run-awayes. VIII. No Inhabitant of City, Town, or Country, shall presume to receive any Souldier into his service, or conceal, or use means to convey such Run-awayes, but shall apprehend all such, and deliver them to the Provost Marshall. Detecting of Offenders. IX. All Captains, Officers, and Soul&rehy;diers, shall do their endeavours to detect, apprehend, and bring to punishment all Offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slacknesse in the Marshals Court.X. If the Marshall shall dismisse with&rehy;out Authority, any Prisoner committed unto his charge, or suffer him to make an escape, he shall be lyable to the same punishment due unto the dismissed or escaped offendour. Offences whatsoever to be punished by the Laws of Warre. XI. All other Faults, Disorders, and Offences not mentioned in these Articles, shall be punished according to the gene&rehy;rall Customes and Laws of Warre.

&Aic;Nd to the end that these Laws and Ordinances be made more publike and known, as well to the Officers, as to the common Souldiers, every Colonell and Captain is to provide some of these Books, and to cause them to be forthwith distinctly and audibly read in every seve&rehy;rall Regiment, by the respective Marshals in presence of all the Officers; In the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard, the Captain is to do the like, that none may be ignorant of the Laws and Duties required by them. ―

&Tic;Hese are to Authorise you to Print for the use of the Army, The Laws and Ordinances of Warre, by me esta&rehy;blished, and of late inlarged by my Command, for the better conduct of the Service. And likewise by these presents to forbid all others to Print the same at their perills on the con&rehy;trary. Given under my Hand, 25. Novemb. 1643. ESSEX. To Luke Fawn, Stationer.