Concerning Religion: and breach of Morall duies.

FIRST, Whosoever shall* impiously blaspheme the Deity, or ay of the blessed Persons of he holy Trinity, and be lawfully convicted thereof; shall for the first offence make a publique acknowledgement with detestation of his fault before the Preach∣er or his Regiment, and all others present at the time and place of Divine Service▪ and be kept three dayes in prison with bread and water. The second time, he shall have a red▪ hot iron thrust thorow his tongue; and after that, be ignominiously for ever turned out of the Armie.

2. The like penalty shall they incurre for the* first and second times, who shall either do or say ought in despite or derision of Gods word, any known or received Article of Faith, or the Mi∣nisterie of holy Church, and their Office.

Page  43 Whosoever shall be convicted for a com∣mon* Swearer or Curser, or for a profane abu∣ser of holy Scripure, in vain jesting or scurrilous fashion; shall orfeit such a proportion of his entertainment and suffer, besides, so long im∣prisonment or other punishment; as according to the quality of the person or offence, the Court of war shall adjude it to have deserved.

4 Likewise shall they be punished, that pro∣fane,* rob, or ab•• any Church, Chappel, or other place of Gods ublike worship; or any thing that is in them or belonging to them.

5 All Commanders and Officers of the Army,* are straightly ••arged, that in their severall Regiments, Quarters, and Garrisons, they take care that God Almighty be duly served, the Lords day with other Holy dayes of the Church, more reverently observed; that Morning and Evening prayers with the Sermons at the appoin∣ted times, be diligently frequented, by them∣selves, their souldiers and servants, so far forth as the necessitie of the wars will permit. And that all repair to the places appointed for Di∣vine Service, upon solemne warning given for it, by sound of Drum or Trumpet.

6 And forasmuch as gaming is oft times the* Page  5 provocation unto swearing, quarrelling, neglect of militarie duties with other dishonours of God Almightie, losse to the souldiers, with dan∣ger to the whole Armie, all common playing at dice and cards, with other unlawfull games, are utterly hereby forbidden to the souldiers, espe∣cially to the meaner sort: who, if they bee con∣victed to offend herein, shall befirst admoni∣shed▪ and if they leave not, they shall be fined, imprisoned▪ or otherwise severely▪ proceeded against, according as the offence and scandall of it shall deserve.

7 All suspitious and common women shall bee* turned out of the Armie or Garison, so soone as ever they shall be discovered▪ Where, if they be taken the second time, they shall be sound∣ly whipped like common strumpets, Souldiers also that frequent their companies, shall bee fi∣ned and imprisoned; and Officers for the same faults, shall utterly lose their places.

8 All wilfull murders, rapes, burning of houses,* thefts, outrages, unnaturall abuses, with other no∣torious and abominable crimes, shall be punished with death.

9 Whosoever shall dishonestly touch any* married or unmarried woman, women in Page  6 childbed, or children; shall be cashiered with∣out money or pasport; or be otherwise puni∣shed, as the Marshall court shall thinke fitting▪

10 Whosoever shall be drunk in Camp Gar∣rison,* or Quarter, shall be imprisoned and fed two whole daies with bread and water: As for common drinkards, they shall be fined and cashiered the Armie without pay or pasport.

11. Whoever being set Sentinell by his Offi∣cer,* or in his Watch, Guard, March, or other Ser∣vice, shall be found drunk, shall dye for it.

12 Whoever in his drunkennesse shall com∣mit* any outrage, or doe other injurie▪ shall be punished both or his drunkennesse and offence, according as either of them shall in a Marshall court be judged to have deserved.

13 No enterprise shall be taken in hand, but* the Company that are to execute the same, shall first commend themselves to God, and pray to him to grant them good successe.

Concerning the safety of the Armie Royall, and of the Kingdome.

FIrst, Whoever, in savour of the enemy,* or other pretence, whatsoever, shall pre∣sume to say, or secretly insinuate to any, that his Majesties Forces, or Army Royall is unlawfull or not necessary, shall suffer as an enemy and re∣bell.

2 All that conspire against our sacred Sove∣raigne* Lord King Charles, or any of his Maje∣sties dominions or countries; As likewise a∣gainst the Lord Generall, or other Generalls, Governours or Commanders in the Armie or Garrison; or that shall goe about to betray the same, or any part or person of them, or that shall consent thereto, or conceale them; shall suffer death without mercy.

3 All such as by discourse, signe, letter, or* otherwise, shall practise and entertaine intelli∣gence with the Enemy, Rebels, or others in action against his Majesty, without direction from their Commanders, shall be punished as Tray∣tors and Rebels.*

4 No man shall assist or relieve an enemie Page  8 with money, victuals, munition, or other necessa∣ries, upon paine of death, without mercy.

5 Whosoever shall begin or maintaine any* mutiny or unlawfull assembly in the Army or Garrison, shall die for it.

6 Whosoever yeeldeth up any Towne, Fort,* or other strength, unto the enemie, as like∣wise any Magazine, Victuals, Armes, or Am∣munition; or that motioneth any such matter but upon extremity, and that to the Gover∣nour, or in Councell, shall be executed as a Traitor.

7 Whosoever seeth any chiefe Officer or* Commander of the Army in the hands or dan∣ger of the enemy, shall, to the uttermost of his power, endevour to rescue or to fetch him off, upon paine of death.

8 Whoever in the neerenesse of the enemy,* shall refuse to repaire unto the Army or place whither he is commanded, or that without order shall depart from them, shall be punish∣ed with death.

9 Whoever shall revolt or run over to the* enemy▪ or that shall attempt it, shall be punish∣ed as a Traitor.

10 No man shall bewray the Word unto the* Page  9 enemy, or shall give out a false Word in time of Service, upon paine of death.

11 Whosoever shall be convicted to have* slept upon his Watch, Guard, or sentry; or that shall not have given timely and sufficient warn∣ing of the coming of the enemy shall be put to death without mercy.

12 Whoever shall disparage the actions or* directions of any chiefe Commander of the Army, unlesse he be able to make it good, shall die for it.

Concerning Captain and Souldiers duties in paticular.

FIrst, all Captaines, Souldiers, and others,* shall yeeld their obedience to the lawfull commands of their Superiours▪ without resist∣ance: neither shall any draw, lift, or offer to draw his weapon, speake, or mutter against his Com∣manders, or others, correcting them orderly for their offences, upon paine of death.

2 All Souldiers that wilfully, and without* cause, absent themselves from their colours or company, that goeth to charge or resist the ene∣my, shall die without mercy.

Page  103 No Captaine nor Officer shall defraud* the Souldier or other person of his pay, upon paine of losse of his place, fine, and imprison∣ment.

4 No Captaine or other Officer shall make* or subscribe false muster-roll, or fraudulently give in more or other names then he hath in his Troop or Company, upon paine of fine, imprison∣ment, and losse of his place.

5 No Captaine, Lieutenant, or other Of∣ficer,* that ought to be armed, shall come into any battell, skirmish or assault, without their or∣dinary Armes, upon paine of imprisonment: Nor take upon hit by word or deed to con∣troll or hinder the Serjeant-Major in the execu∣tion of his office, upon paine of death.

6 No Officer or Souldier shall goe upon* service without the word, and some other marke to be knowne by from the enemie (especially in night services) upon paine of fine and imprison∣ment.

7 No Captaine, Officer, or other, shall enter∣taine* any other mans souldier or servant, without consent or lawful dismission from his former Captaine or Master, upon the penalty of a mo∣neths pay. Neither shall any souldier or servant Page  11 depart from his Captain or Master without law∣full cause, upon paine of imprisonment, and returning again of Souldiers to their Captains, and Servants to their Masters.

8 Captaines and Officers both of Horse and* Foot, shall watch and ward with their Troopes or Companies: upon paine of fine, and losse of their places.

9 No Souldier shall march along with the* baggage, but such as shall be appointed. Neither shall any march out of his array, or straggle abroad from his colours to pillage or plunder, when he is appointed to watch, guard, or to other service, upon paine of imprisonment. And if they be taken in the manner, they shall presently be corrected by their Officers▪ but for the second time they shall suffer death.

10 No Troope or Companie shall go forth* on foraging, or upon any designe or enterprise upon the enemie, without the particular dire∣ction of such as command in chiefe, upon pain of death.

11 No Souldier shall sell, pawne, lend, lose,* give, cast away, play away, or otherwise make away his horse, Armes or furniture, where with he is appointed to serve, nor shall suffer his Page  12 horse by his default to decay, or his Armes to rust or bee broken or spoyled, upon paine of imprisonment and infamie. And that both to the offender, and his abetters and receivers.

12 No private Captaine shall give a pasport* or licence of departure to his souldier that is able to serve, upon paine of fining and losse of his place. Neither shall any souldier depart from the Armie or Garrison without a passe, upon paine of death.

13 No souldier or Officer being once placed* in array, either in march or battell, shall refuse to guard or defend unto his utmost, the Standard-royall or other Cornet, Ensigne or Colours of the Armie: or shall desert, abandon, or run away from any of them, upon paine of death.

14 No souldier or others shall use any show∣ting,* noise or clamor, or without cause discharge his peece, either in the march, Quarter, or Am∣bush; upon paine of being bastinadoed by his Officer; and of imprisonment afterward.

15 No man shall give any Alarme to the* Armie, Garrison or Quarter, but upon just causes: nor shall either give it or take it in any clamourous or tumultuous manner, but shall orderly and quietly with as much speed as hee Page  13 may repaire to the place of Arms to answer the Alarme, and to doe as he shall be commanded.

16 No man shall challenge or defye another,* in Campe or Garrison; nor shall accept of the challenge, upon paine of imprisonment and pub∣like disarming before his Companie: nor shall any, by words or injuries provoke another to the fight or duell; or shall revenge his own in∣juries or provocations, upon the like penalties.

17 All brawls and quarrels betwixt souldi∣ers,* shall be severely punished. And whoever in such like brawle or quarrel shall kill another, except upon extremitie and or defence of his owne life he be enforced to i, shall be put to death. And he likewise that striketh his fellow∣souldier, after they are put into array of battell.

18 Whoever shall give the lye to any person* of the Army whatsoever, shall be fined and imprisoned for it, at the discretion of a marshall∣court.

19 No souldier or other shall fraudulently or* thee vishly take any thing away, from any mans person, Quarter, house, lodging, tent, or hutt, up∣on pain of death.

20 No Companies of souldiers either of* Horse or Foot, in their marching, retreating, or Page  14 enquartering in or thorow any townes or coun∣tries within the allegeance of the King; shall doe hurt, spoile, or injurie unto the persons, or goods of the inha•itants; upon pain of death, or other such grievous punishment, as the qualitie of the offence shall have demerited.

21 No man shall burne up any Corne, Hay,* or Forage, or otler Provisions; nor any House, Barne, Mill, or other building that may serve for the use of the Army, upon paine of death.

22 No Souldier shall muster in two Troopes* or Companies, or answer to two names in one Company; neitler shall any Victualler or other that is no Souldier, be allowed to passe the mu∣ster for a Souldier, upon paine of death or im∣prisonment, as the Court shall finde cause for it.

23 Whosoever shall set upon, or resist the* Commissary of the Musters, or shall wrong him by word or deed in the execution of his office, shall be put to death.

24 Whatever Muster-master for hatred or* for favour, shall put a lesser or a greater cheque upon an Officer then his fault demerits, or any cheque at all at his own pleasure, without view taking, shall lose his place for it, or at Page  15 least be liable to such fine or punishment, as in a Court-marshall shall be adjudged.

25 No Souldier having victuals or ammuniti∣on* delivered to him for certain daies, shall spoile or spend them in lesse time then is appointed him, upon pain of imprisonment.

26 All Captains and Officers shall be diligent* in training and exercising of their Companies; and shall be carefull for the well disciplining and providing for them, upon such pains as the Marshall-court shall think fitting.

27 Every Souldier shall diligently observe* and learne the distinct and different sounds of Drums, Fifes, and Trumpets, that he may know how to answer and obey each of them in time of service.

28 Every Regiment, Company, and Servi∣tor,* either on horse or foot, shall be contented with such quarter, lodging, or billet, as is appoin∣ted by the Quartermaster: nor shall any disturbe another in his quarter, or take it from him, up∣on pain of being punished as a mutinyer.

29 Whatsoever Captain or other Officer shall* do injury to a common souldier, or to other his in∣feriours: upon complaint in the Marshall-court, he shall be obliged to condigne satisfaction.

Concerning the Campe, or Garrison.

FIrst, Whosoever shall deale fraudulently or* negligently in a trust or charge committed unto him by his Camerade, shall be enfor∣ced to make double restitution out of his enter∣tainment, and be further punished by a Court of Warre, according as his offence shall have deserved.

2 After the watch is set, every man shall re∣paire* unto his own Quarter, and there use such silence as his neighbours rest be not disturbed. And all straglers found abroad after that time, shall be imprisoned untill the cause can be ex∣amined, and order taken for their further pu∣nishment or dismission.

3 No man in Campe or Garrison shall lie* out of his Quarter, but by leave of him that commands there in chiefe; nor upon warning or command given, shall refuse or delay to re∣pair thither: upon such paines of fine, impri∣sonment, or other punishment, as in a Marshall Court shall be awarded.

4 No Souldier or other, shall entertaine any* stranger into his Tent, Hut, or other lodging, Page  17 without leave of his Corporall or other Officer whom it concerneth, upon paine of imprison∣ment. But if he be proved to have concealed a spie, he shall suffer death for it without mercy.

5 No man shall passe in or out of the Camp* or Garrison, but by the ordinarie and then usu∣all Ports, Avenues or other entrances, upon pain of death.

6 All idle persons, boyes or women, which* have no particular imployment for the necessa∣rie and honest use of the souldiers, and which be not allowed, shall be banished the Camp.

7 No Captaine, Officer, or Souldier, in* time of necessitie and for defence of the Armie, shall refuse to make or repaire the wals, quarters, or other vvorks and defences about the Camp or Garrison where he is commanded. Be it to vvork vvith Spade, Basket, Wheel-barrovv, or other instrument or Engine, then used for those purposes: upon pain of fine and impri∣sonment.

8 No Souldier appointed to stand Centinell,* to lie Perdue, or to guard in such a post or place, shall come off thence till he be relieved by his Officer, upon paine of death.

9 For keeping the Camp as clean and heal∣thy* Page  18 as may be, some places shall be assigned to kill beasts in, and for such other necessaries, up∣on the outsides of the Camp, Quarter, or Garri∣son. Out of which places it shall not be lawfull to do these or other noisome or uncomely of∣fices upon pain of imprisonment.

10 Every Provest Marshall shall take care* for the cleansing of his quarter, every third day at the least: and shall cause all garbage, carrion, filth, and other noysome offences to be buried. The refusers or neglecters, he shall have power to bring to fine or imprisonment. Which pu∣nishment himselfe also shall be liable unto for neglect of his own duty.

11 No man shall spoile or offer violence to* any merchant, victualler, Sutler, or other person coming with provisions to the Army or Garri∣son, nor shall break open any shops or warehou∣ses, or steale aught out of any house, Tent, hutt, or other place, upon pain of death.

12 No Souldier or other shall break down* any house that may serve for the lodging or shel∣tring of the companie: nor shall trouble or defile any spring, well, pond, or streame of water serving for the Armie, upon pain of imprison∣ment.

Page  1914 Whatever Commissary, Officer or other* appointed for levyes or musters; or for making provision of Armes, Ammunition, Carriages, Ships or the like, for the Armie or Garrison, shall be convicted to have dealt deceitfully or negligently in his charge, shall suffer such fine, imprisonment, or death; according as the crime or dis-service shall have deserved.

15 No Souldier, Waggoner, Conducter of* drawing-horses, or other persons having horses in the Army, shall put, or suffer their horses to be put into any corn-grounds: and that upon paine of imprisonment and sufficient satisfaction to the owner.

16 No man bearing Armes, shall tarry above* foure dayes in the Campe or Garrison, or follow the Armie, unlesse he puts himselfe under some company, or have licence from the Generall or other, then commanding in chiefe.

Concerning lawfull Spoiles and Prizes.

FIrst, After that the Enemy is driven out of* the field, or that the Campe or towne be entered; no souldier shall leave his ranke or Page  20 Ensigne to fall upon the spoile or pillage, till the signe be given, or licence be obtained, upon paine of death.

2 Whosoever shall have taken or recovered* from the enemie or Rebell, any lawfull Spoiles or Prizes above the value of ten shillings, shall presently upon his returne to the Camp, make the same known to the Lord Generall, or who∣ever commands there in chiefe; that the prizes so taken may be recorded, and afterwards be sold in the said Camp or Garrison (and not else∣where) by sound of Drumme or Trumpet. And that upon forfeiture of the said Prize, and such other punishment, as a Councell of Warre shall thinke fitting.

3 No man having taken any Spie or priso∣ner,* shall presume to keep him longer then con∣veniently he may certifie his Captain or other chiefe Officer. Much lesse shall he presume to let him go, upon ransome or exchange; but shall deliver him to the Provost marshall generall, upon paine of death. And if such Prisoner be a person of qualitie, the Taker shall have an hono∣rable revvard for his service of the Lord Gene∣rall, or else licence of him to make the best of his prisoner.

Page  214 No Officer or Soldier shall steale, spoile, or* diminish any prey or booty taken or recovered from the enemie, but shall endeavour to keep it intire to be disposed of by the Generall, or him that commands in chiefe; upon paine of death.

5 No man shall presume to breake, burne,* or pillage any Church, Schoole, Hospitall or Col∣ledge; nor to tyrannize over any Church-men, Schollers or poore people, women, maides, or chil∣dren, upon paine of death, or other such punish∣ment, as in a strict Councell of warre shall bee awarded.

Concerning the administration of Justice.

FIrst, That such as commit disorders may be detected, and punishment accordingly* awarded; it shall bee lawfull for the Councell of warre and the Advocate for the Army, to en∣quire of the Actors and circumstances of offen∣ces committed, by the oathes of such and so many as they thinke convenient: and shall further use all meanes for examination and triall of persons dilated, suspected, or defamed.

Page  222. All causes and controversies arising be∣twixt* Captains and Soldiers, and all others with∣in the Camp or Garrison, shall be heard and discussed summarily, and execution done ac∣cording to the military Lawes, by the Councell of warre, without appeale: unlesse the greatnes of the cause or other circumstances require stay or deliberation.

3▪ All proceeding in the Court-marshall,* as well civill as criminall, shall be truely and fairely recorded.

4▪ If any Captaine, Gentleman, or Soldier▪* declare or make his Testament or last Will of the goods he hath in Camp or Fortresse, or which hee hath got in service, as also of the debts which are owing to him; all shall bee recorded in the Court-marshall, and executed by those that are named Executors. If no Will be made, then shall his goods descend to his wife or next kinred, if he have any. But if he have none, or that none comes to demand his goods within one yeare, then shall his goods be administred and distributed at the appoint∣ment of the Lord Generall according to the Lawes civill, and the customes of the warres.

5▪ No man shall seize upon, spoile, take, or* Page  23 conceale the goods of any man that dyeth or is slaine in the Kings service, upon the penalty of restoring double, whensoever it shal be discove∣red: and further to be punished at the pleasure of the Lord Generall, or Court-marshall.

6 No Captaines, Officers, or Soldiers, shall* refuse to discover, apprehend, and bring forth to justice, any whom they know to be offen∣ders, as they will answer their neglect before the Lord GENERALL, or Councell of warre.

7 None of the Kings liege people shall* conceale, receive into their service, or conveigh a∣way any Soldiers that have runne away from their Colours: but shall be oblieged to stay, discover and deliver them, or assist to the deli∣vering of them to the Provost-marshall so soon as possibly they may. And that upon paine of imprisonment or other punishment▪ according to the discretion of the Lord Generall or Coun∣cell of warre.

8 The Provost-marshall generall shall see all* Judgements, sentences and commandments of the Lord Generall and Councell of warre put in execution.

9 Every Soldier and others being desired,* shall assist the Provost-marshall and his Officers, Page  24 in the apprehending of malefactors, and in the execution of justice, upon paine of impri∣sonment. Neither shall any rescue a prisoner so apprehended upon paine of death.

10 No man shall interrupt or trouble the* Councell of warre or Officers of justice doing their offices: but upon request made, shall be ready to assist and guard them: upon paine of fine and imprisonment.

11 No Provost-marshall shall refuse to keep* a prisoner committed to his charge, nor shall dismisse him being once received, without war∣rant: upon paine of the like punishment, that the party so dismissed or let goe, should have endured.

12 Whoever shall presume to draw or pre∣sent* any weapon in the Court of justice, and while it is sitting; shall die without mercy.

13 Whatever Regiment, Troope, or Company on Horse or Foot, shall be found culpable in the Court-marshall for any of the matters in these Ordinances mentioned; all the Officers of such Regiment, Troope or Company, and every tenth soldier thereof, shall be punished with all severity as the nature of the offence shall require: and all other of the soldiers shall be Page  25 put to doe some servile offices in the Armie, un∣till by some brave exploit they purge them∣selves, or otherwise be punished as the Lord Generall or the Marshall-court shall thinke fit∣ting.

14 In whatever cases or accidents that may* occurre, for which there is no speciall order set downe in the Lawes here published; there the ancient course of Marshall discipline shall be observed, untill such time as his Excellence, the Lord Generall shall cause some further Or∣ders to bee made and published in the Army: which shall thenceforward stand in force, up∣on the paines therein expressed.

The Oath.

I A. B. doe sweare before the Al∣mighty and everliving God, that I will beare all faithfull Allegeance to my true and undoubted Soveraigne Lord King CHARLES, who is law∣full King of this Iland, and all other his Kingdomes and Dominions, both Page  26 by Land and Sea, by the Lawes of God and Man, and by lawfull suc∣cession: and that I will most constant∣ly and cheerefully, even to the utmost of my power, and hazard of my life; constantly oppose all Seditions, Re∣bellions, Conspiracies, Covenants, Conjurations, and Treasons whatso∣ever, raised or set up against his Roy∣all Dignity, Crowne, or Person, un∣der what pretence or colour whatso∣ever: and if it shall come veiled un∣der pretence of Religion, I hold it more abominable before God and man. And this Oath I take voluntari∣ly in the true faith of a good Christi∣an and loyall Subject; without any equivocation or mentall reservation whatsoever; from which I hold no power upon earth can absolve me, in any part.

Page  27This Oath is to be taken by all the Officers and Soldiers in the Army, by his Majesties ex∣presse Commandment, as a Touch-stone of every mans fidelity and loyalty.