An appendix of the lavves, articles, & ordinances, established for marshall discipline, in the service of the Lords the States Generall of the united provinces, under the commaund of his highnesse the Prince of Orange: Together, vvith the articles of quarter for the ransoming of officiers and souldiers, agreed and concluded on, betvveene the king of Spayne on the on [sic] side, and the States Generall of the united provinces on the other side. Translated out of Dutch into English, by Captayne Henry Hexham, quarter-master to the regimant of Colonell Goring.

AN APPENDIX OF THE LAWES, ARTICLES, AND Ordinances touching marshall discipline.

Sett downe, and established by the Lords the States, Generall of the Vnited Provinces.

WHereas by daily experience, many disorders are found, to gtowe a∣mongst those that beare armes, tending to the great dammage of these Countreys, and prejudice of the gouvernement thereof, which notwith∣standing are not any where so punished, as in reafon they ought, because there is no certaine order, or lawe touching like matters, as yet decreed and and published: The States Generall of the Vnited Provinces have therefore (with the advice of the Councell of the State of the same) ordained, appointed, and deereed, doe by these presents ordaine, appoint, and decree the orders & laws here ensuing, which is their will, to have from point to point strictly observed, and followed by all those, that beare armes in their service. To which end, they shallbe every where published, and according sworne to be kept by the Souldiers.

I.

FIrst, he that shall take the Lords name in vaine, or blaspheme the same, shall for the first time make an honorable amends, and be kept three dayes in prison at bread and water: The second time he shall have a glowing yron thrust through his tongue, then be stripped to his shirt, and so banished out of the Vnited Provinces.

II.

The like penalty shall they incurre, for the first and second times, who shal either doe, or say ought in despite, or derision of Gods word, or the Ministers of the Church.

III.

All wilfull murthers, rapes, adultery, fyring of houses, the very, violence, outrage, falshood, & other like bad facts, and open offenses, or vnnaturall abuses, shalbe punished with death.

IV.

None shall any way outrage, strike, knock, beate, threaten, or dishonestly touch any widowes, maryed, or vnmaried women, or such as are in childbed, or with child, or any young children, on paine to be discharged without money, or pasport, or els punished cor∣porally, according to the quality of the offense. Likewise all common whores shall for the first time bee expulsed out of the Campe with shame, and being found there againe, the second time, shalbe soundly whipped and banished.

V.

He that shal have done, or conspired ought against the States, the Countrey, Townes, or other places, thereof, or against any Governours, or Captains in the same, whereby the publique state of the Land may be in any sort endammaged, or endangered: as also who∣soever shal consent therevnto, shall without any mercie bee hanged.

VI.

The like punishment shall they also incurre, whosoever he be that hath knowledge of any such matter, and shall not reveale it to their Captaine, or chiefe Officers.

VII.

None shall raise any mutiny, or make any vnlawfull assembly, on whatsoever secret, cloaked, or other pretences whatsoeuer it be, but shall give notice thereof to their Com∣maunders, on paine of hanging.

VIII.

In like sort shal they alsoo bee punished, that shalbe present at such assemblies, or call, stir vp, and incite any to be present thereat. And it is to be vnderstood also, that such Offi∣cers as shalbe at the like seditious meetings, shal receive punishment before all other soul∣diers, except those (that are noe authors thereof.)

IX.

He that shal speake ill of the States general, or particular, the Councel of State, or other Superiours, or shall speake ought to despite, or deride any of them, shall without mercy be punished with death.

X.

He that shal have spoken any wordes tending to sedition, mutiny, or disobedienee, or that having heard such wordes, and shal not presently acquaint his Captaine therewith, shalbe punished with death.

XI.

In like sort shall they also be punished, who rehearse any such words in presence of pri∣vate souldiours, either of themselves, or by suggestion of others, or practise ought, where∣by any mutiny, or sedition may growe.

XII.

No man be it out of garded, or besieged places, or in other like cases, shal vse any speech or correspondence with the ennemie, or send him any messages or Letters, or receive any from him, or deale in like sorte with any of his confederates, bee it in secret or publi∣que, without the consent first had of his Gouvernour, or Cap. hee shall make it foorth∣with knowne vnto him, vnlesse he be thereto aucthorised. Neither shall any man be adherent, or in any fort assistant to the enemy, on payne of death.

XIII.

Likewise none shal conferre, or converse with any Trompetter or Drumme of the ene∣mies, or with any other sent on a message from him, but they onely who are therevnto ap∣pointed, on paine of death.

XIIII.

None shall in going, departing, lying still, mustering, or in garnison doe outrage, or spoyle to the inhabitants of these Countreys, their favorours, or confederates, or take from them any victuals, money, or ought els, without paying duely for the same, nor yet throw downe, or spoyle any water-mils, or water-works, nor set on fire the same, or other houses, or the campe at the breaking vp thereof, without special commaund from the General, or other Chiefe Officer, on payne of death.

XV.

Likewise none shal either doe, or practise ought against any persons, Townes, Villages, Forts, Havens, or whatsoever goods warranted by pasportes, or other assurances from the Generality, on payne of death.

XVI.

He that shal departe from one Company to another, or elswhere, or shal leave the Co∣lours vnder which he serveth, is to have a sufficient pasport from his Cap. or Commaunder and failing therein, shalbe punished with death.

XVII.

Whatsoever Captaine shall entertaine any souldours, without a lawfull discharge from their former Cap. shalbe punished with death.

XVIII.

Jf any souldour (serving on horse or foote) shall beate or strike his host, hostesse, their man, or maide-servant, he shal for the first time be kept three dayes at bread and water, the second make an honourable amendes, and before the whole watch bee disarmed, and then banished out of the Company, And if the party so striken be maimed, or bloud drawne, then shal the souldiour offending have his hand striken of.

XIX.

Whosoever shal have taken, or stolne any victuals, or other provisions brought vp, to∣wards the Campe, Garnison, ot any Towns, or places vnder the Jurisdiction of the States generall shal be hanged.

XX.

Likewise none shal out of the Campe, or Garnison forcibly take, or els buy vp before hand, any victuals, or goods bound thitherwardes, before the same shalbe brought to a fit place for saile, and taxed: Neither shall he robb any Cabbin, shop, tent, Victualer, or Mar∣chand that is there, for the helpe of the Campe, or Garnison on payne of death.

XXI.

He that shal goe out of the quarter from his Colours, or Garnison, further then a Ca∣non-shot, without his Captaines leave shalbe punished with death.

XXII.

Whosoever shal goe out of the Campe, besieged towne, Fort or other place, without the speciall consent of his Captaine, or Officer, for any cause, bee it for forrage, or ought els, shalbe hanged.

XXIII.

Whosoever shal take any Cattaile, or beasts within the Countries which lie vnder the obedience of the Generality, shalbe punished as a Theife.

XXIV.

He that in marching by land towardes the fielde, or in returning thence, shal forsake his Colours, or Cornet, shal without any mercy be punished with death.

XXV.

And whosoever (not being visited with manifest sicknes, and the same knowne to his Cap. or Commaunder) shal keepe along with the baggage, or ride on the waggons, shalbe disarmed before the whole Company, and then banished without money or paspott.

XXVI.

If any shal neglect his watch, or other service committed vnto him, he shalbe punished with death.

XXVII.

If any souldiour shalbe found sleeping on his centinelship, he shal without any mercy be punished with death.

XXVIII.

Whatsoever souldiour shal, either by day or night depart from his centinelship, where he hath bene placed by his Corporal, vnles he be called thence, or relieved by the said Cor∣porall, shal receive punishment of death without any mercy.

XXIX.

None shal declare, or make knowne the watch-word to the enemy, or any other, or give any other word, then is given him by the Officer, on payne of death.

XXX.

Whosoever shal absent himselfe out of the Courte of garde above two houres in the day time, or any within the night, without his corporals leave shalbe punished with death

XXXI.

None shal without lawfull cause raise any tumult, make an alarme, or discharge a piece by night, or make any noyse, or doe ought els, whereby the same may growe (without cause) on payne of death.

XXXII.

He that shal presume within the Campe, Quarter, or place, where he lyeth in garnison, as also after the watch is set, to drawe his weapon, shal forfeict his life: as also if he doe it out of the Campe, Towne, or place, without the leave of his Officer.

XXXIII.

He that shall strike any man with his sword vndrawne, or with a cudgel, stone, or other∣wise, that bloud followes, shall loose his hand.

XXXIIII.

He that shal give any one a boxe on the eare, shall in presence of the Company take the like boxe againe of the party so wronged, and besides be disarmed, and banished the Com∣pany.

XXXV.

No Souldiers shal without order from their Chiefs, Captaines, or Commaunders hold any common meeting or gathering together, bee it to demaund money, or ought els, nor yet be present at such assemblies, on payne of death. Provided always, that such Capt. or Commaunders as shal suffer the same to happen at vndue seasons, and in vnlawfulwise, shal (for an example to others) bee punished with death before all the souldiers.

XXXVI.

If any shall call for money, as they are marching in the face of the ennemy, or vpon any enterprise, they shal receive punishment of death without any mercy.

XXXVII.

If it chance that the monethly entertainement bee not payed on the very day, or that it cannot bee sent vnto the souldiours for some cause, be it through any hinderance of the enemy or otherwise, none shall therefore make any tumult, or speake seditious wordes, or seeke to force his Captaine to the payment thereof, neither yet doe the lesse duty, but shall have a care of his marches and watches, contenting him selfe with a reasonable loane, vntil the money be come, or maye come, & he shall fully performe the dutire required of a good souldiour. And whosoever doth the contrarie, or accompanieth those that doe it, shalbe punished with death.

XXXVIII.

Noe Captaines, Lieutenants, or Ensignes shal depart out of the place where their Com∣panies lye in garnisoen, whether it bee to solicite for payment of their said Companies, or vpon their owne busines, without leaue of their Commaunder, or Governour, on payne of death.

XXXIX.

He that in anie quarrell, fight, or otherwise, shal call those of his nation to helpe, or ga∣ther an assemblie together, shalbe hanged.

XL.

He that shalbe found by day, or by night out of the Campe, or a place besieged, without his Captaines leave, shalbe punished with death.

XLI.

Whosoever shall goe a free-booting, and commit spoyles, extorsions, and theft, shall be hanged.

XLII.

If one souldior challenge another into the field, without leave from him that commaun∣deth in that quarter, hee shalbe punished with death.

XLIII.

If any Corporal, or other commaunding the watch, shall suffer two souldiours to goe foorth to fight, he shall without mercy be punished with death.

XLIV.

Any souldour being wronged by word, or deed, he shal repaire to him that commaun∣des in the quarter, who after the hearing of both parties, shall cause satisfaction of the wrong he hath done vnto the party interessed, with bare head, & in presence of the whole watch: And if he finde cause, shall also disarme the wrong doer, and banish him out of the Company.

XLV.

And if there bee no witnes of the quarell, then shall the sayd Commander cause the parties to agree in his presence whereto if they will not condescend, then both, or hee that denies it, shalbe disarmed, and banished out of the Company

XLVI.

Whatsoever souldiour or Commaunder shal goe out of the campe, Towne, or fort, or enter thereinto by any other way, then at the poris, and ordinary entrances shalbe hanged

XLVII.

If any souldiour shall refuse the commaund of his Cap. or any other, who commaunde over him in the seruice of the States Generael, and not performe the same, hee shalbe puni∣shed with death: as hee likewise shal, who transgresseth any of the Generalls command∣ments published by sound of drumme, or trumpet.

XLVIII.

At the soundich of any alarme every one shall resort to his Ensigne, or Cornet, and who soever comes not thither (vnlesse it be on apparaut necessi,) or runnes to an other pla∣ce, without consent and speciall order from his Commaunder, or comes not so soone as his Ensigne, shalbe punished with death,

XLIX.

Every Souldiour shal aide, and defend his Colours by day and night, and on the first warning repaire vnto them, not departing thence, vntil it bee brought into a place of safety on payne of death.

L.

If any shal depart out of the order, or ranke wherin he is placed, vnlesse it bee on ne∣cessary occasions, and that he hath therewith acquainted his Officer, hee shalbee punished with death.

LI.

He that shall first beginne to flye in a battaile, or vpon an assault, may lawfully be slaine thereupon by any one: And if he escape, hee shalbe declared a villaine, and receive punish∣ment of death without mercy.

LII.

None that is appointed for the defense of any breach, trence, or skonce, bee it Captaine or Souldiour, shall willingly forsake the same, or through any false, or coulored occasions or excuses absent himselfe from thence, without sufficient order, or warrant allowed by Councel of warre, on payne of death.

LIII.

None shal surrender, or deliver to the enemy any place, which the keeping thereof is committed vnto him, on payne of death.

LIV.

Likewise none shal runne from his quarter in a besieged place, call for composition, or speake thereof, be vnwilling to fight, labour, or defend their quarter, or make others vn∣willing therevnto, or doe ought els in such a place, whereby the defense thereof may be hindered, on payne of death without any mercy.

LV.

If any man runne away to the enemy, or in his flight bee taken from the enemy, hee shal bee punished with death.

LVI.

No Captaines shal seduce, or intice away each others Souldiours on payne of death.

LVII.

Whosoever shal by word, or deede busy himselfe with the Sergeant Maiour, doing his office, bee hee Captaine, or Souldiour, he shal without mercy be punished with death: As he also shal, who wil not content himselfe with that quarter, or lodging, whereto he shalbe appointed by his Quartermaster, or Furrier, or he that will disturbe another man in his place.

LVIII.

If any souldiour having the watch, shal come to his Colours not fully armed, to march

with the rest vnto the watch, he shall for the first time, bee kept three dayes at bread and water: the second disarmed and banished for three Moneths out of the company, and the third time suffer death.

LIX.

Every one, of what condition soever he bee, shal forthwith, or before the evening bring before him that commaunds in the quarter, all such prisoners, as shalbe taken of the ene∣my, on payne of forfeicting the said prisoners, and to bee punished besides with death.

LX.

And if any shal take prisoner a Generall, Commaunder, or other man of accompt of the enemy, he is foorthwith to present, or cause to bee presented the said prisoner vnto the States generall, or Councell of State, and with-all to deliver him over, as also whatsoever other prisoners they wil take to themselves, receiving therefore a reasonable reward ac∣cording to the quality and ability of the prisoner: provided that it exceeds not the somme of 5000. gilders: And so the said prisoner shalbe at the disposing of the aforesaid States, and he that tooke him, to pretend no further interest in that behalfe.

LXI.

Likewise none shal kil any prisoner, or set his ransome, or after the payment of the said ransome, suffer him to depart without leave of the General, or him that commaunds in the quarter, on paine of being difarmed, and banished out of these Countreys.

LXII.

And if any prisoners bee found, walking along the Campe or place of garnison, without leave from the General, or him that commaundes there, he to whom the prisoner belon∣geth, shall forfeict him to those, who shall first lay handes on the prisoner.

LXIII.

Concerning lawfull prizes, whosoeuer brings in the same, shall acquaint therewith the Generall, or him that commaundes in the quarter, within three houres after their returne, to the end they may bee accordingly registred, on payne of forfeicting the same, and to be besides punished on the bodie.

LXIIII.

Wosoever shal haue gotten any thing vpon the enemy, and giveth not notice thereof as aforesaid, that it may be recorded, & after solde, in the Campe, or place of garnison, but shall sell, or cause it to bee sold in the places or townes neare therevnto, shall without any mercy bee punished with death, to th'end that better order be held in all, & no man wron∣ged in his right.

LXV.

When a souldiour shall have done any offense or fault, his Captaine shalbe bound (on payne of three moneths supension from his charge) to deliver the said souldiour into the Generals handes, or his that commaunds in the quarter, who with the Captaines, Lieute∣nants, and Ensignes then present, shall vpon th'information, which hee shall cause to be ta∣ken thereof, judge according to these orders and lawes.

LXVI.

He that is drunke on his watch-day, shalbe cassiered, & banished out of the Company.

LXVII.

Jtem if any one drinke himselfe drunke, and in his drunkennesse commit anv il or ought forbidden, hee shal not thereby bee excused, but so much the more sharpely punished.

LXVIII.

If any Cap. or souldiour shal refuse the muster, or review, hee shalbe cassiered.

LXIX.

None shal at the mvster let himselfe be entred by a changed, or other name, then his owne, nor shall passe muster with a borrowed horsse or armes: neither shall any on the musterday lend the like, on payne of being disarmed, and banished out of the Company.

LXX.

None shall let himselfe be entred, or muster vnder two Companis, on payne of death.

LXXI.

None shal diminish or pawne his armes, which are appointed him by his Captaine, on payne of being disarmed, and banished for sixe moneths out of the Company.

LXXII.

None shal likewise take or pawne any souldiours armes, on payne of loosing double the worth of the pawne.

LXXIII

None shal play away, or quite his atmes, but keepe the same alwayes cleane, and servi∣ceable, on payne of being cassiered out of the Company without pasport.

LXXIV

None shal by cousenage get away his fellowes provisions, victuals, or armes, on payne of being disarmed, and banished for three moneths out of the Company, or otherwise shal sustaine corporal punishment, according to the quality of the offense.

LXXV

He that shal presume to set vpon a Commissary of the musters, or wrong him, either in word or deede, shalbe punished with death.

LXXVI

Jf any Captaine give his souldiours lesse, then the pay allowed him by the States, he shalbe disgraded.

LXXVII

If any souldiour proffer to drawe his weapon against his Chiefe, or Commaunder, he shalbe punished with death.

LXXVIII

If the Provost or his Officers apprehend one or more souldiours, none (of what degree soever) shall oppose himselfe thereagainst, or reskewe, or attempt to reskewe the said pri∣soners, on payne of death.

LXXIX

Furthermore, no Officer nor Gentleman of any Company of Horse, or Foote, or any common souldiour shal victaile in any Campe, without the Generals special consent, on payne of being disarmed.

LXXX

Likewise all Victualers, that victual in the Campe, shalbe subject to the aforesaid arti∣cles and the Councel of warre there being, on the penalty here in contayned, and shal not draw any wine or beere for any one in the evening, an houre after the Sunnes setting, or in the morning asmuch before the rysing thereof, on payne of forfeicting 3. gilders for every time they shalbe found to have done so: the said forfeict to be converted, the one halfe to the Provosts behoofe, and the other to the reliefe of the poore.

LXXXI

All other abuses and offenses not specified in these Orders, shalbe punished according to the ordinances, lawes, and customes of the warre.

LXXXII

If any souldiours should not bee present at the proclayming of these orders & lawes, they shal notwithstanding be asmuch bound to the observation of them, as the other who were present. But to the end none maye pretend ignorance, and every one have notice the∣reof, the States Generall have given order, that the same shalbee every where published on the muster-day, and charge the Commissaries to cause all the souldiours to sweare accordingly thereunto.

THus done and decreed at Arnhem, after sundry conferences had hereupon with the chiefest Commaunders of these Vnited Provinces. It being farther appointed, that these orders, and lawes shalbe published both in the Campe, and wheresoever els it shal∣be meete and requisite, & that at every muster the Commissaries shal reade, & propound the same againe vnto the Companies The 13. of August. 1590,

By order of the Councel of State. Chr. Huygheus.