Articles and Rules for the better government of their Majesties forces in Scotland
Extracted from the articles of the Privy council of Scotland "Edinburgh, 31st August 1691."
Sederunt: Hamilton, President; Mortoune; Forfar; Kintore; Cardross; Master of Forbess; Aberurchill; Leyes; Sir Thomas Livingstoun; Provost of Edinburgh.
"The Lords of their Majesties Privie Councell doe heirby ordaine the articles and rules for the better government of the forces in this kingdome printed by ordor of his royall Majestie Charles the Second in the year jmvic seventie five to be of new reprinted as the same are altered and amended by their Lordships, and lykewayes ordains the laues and ordinances tutching military discipline which are printed at the Hague in anno, jmvic seventie six and by ordor of the Councell. of Scotland reprinted at Edinburgh in anno jmvic eighty nyne to be againe reprinted. For doing of all which these presents shall be to all persones concerned a sufficient warrand. Folloues the articles and rules for the better government of their Majesties forces in Scotland.
Article 1. All officers and souldiers (not having just impediment) shall dilligently frequent divyne service and sermone on Sundays and other dayes (p. 4,67) sett apart for publict fasting and humiliatione in such places as shall be appoynted for the regiment wherin they serve, and for those who aither willfully or negligently absent themselves from divyne service or sermone or else being present doe behave themselves undecently or irreverently during the same, if they be officers they shall be severally reprehended at a court martiall, but if souldiers they shall for everie such first offence forfeit each man 12 pence to be deducted out of his nixt pay and for the second offence shall forfeit 12 pence and be laid in irons for 12 houres and for everie offence afterwards shall suffer and pay in lyke manner.
Article 2d. During the tyme of divyne service, publict prayers and sermone as aforsaid, if any sutler or seller of ale, beer, wine or any sorte of drinks, bread, victualls or other commodites or merchandice whatsoever attending the army shall putt or sett any such thing to sale, he shall forfeit the full value therof for the use of the poor.
Article 3. Whosoever shall use any unlauflall oath or execratione (whither officer or souldier) shall incurr the same penaltie that is expressed in the first article.
Article 4. If any officer or souldier shall presume to blaspheme the holy and individed Trinity or the persons of God the Father, God the Son or God the Holy Ghost or shall presume to speak against any knouen article of the christian faith, he shall have his tongue boared through with a red hott iron.
Article 5. If any officer or souldier shall abuse or profane any place dedicated to the worship of God or shall offer violence to any minister or chaiplane of the army or any other minister of Gods word, he shall suffer such punishment as shall be inflicted on him by a courte martiall, but whoever shall take any of the utensills or ornaments belonging or dedicated to Gods worship in any church or chappell shall suffer death for the fact.
Article 6. After the service of God Almightie all officers and souldiers shall serve their Majesties faithfullie to the best of their skill, pouer and understanding, and to that purpose everie one of them of what quality or conditione soever shall for himself take the oath follouing, which shall be administred by such persone or persones and in such places as their Majesties or the cheiff officer commanding their forces shall appoynte. Forme of the militarie oath to be taken by everie officer and souldier in the army and militia: I, AB, doe sincerely promise and suear that I will be faithfull and bear true alleadgance to their Majesties King William and Queen Mary and to be obedient in all things to their Majesties or commander in cheiff [appointed] by their Majesties for the tyme being and will behave myself obediently to my superior officers in all that they shall command me for their Majesties service and I do furder awear that I will be a true, faithfull and obedient souldier everie way performing my best endeavoures for their Majesties service, obeying all ordors and submitting to all such rules and articles of warr as are or shall be established by their Majesties. So help me God.
Article 7. Noe officer or sowldier shall use any traitrous words against the sacred persones of the King and Queens most excellent Majesties, upon paine of death.
Article 8. Whoever shall hold correspondence with any of our enemies or shall give them advyce or intelligence aither by letters, messages, signes or tokens or any manner of way whatsoever shall suffer death for it, and whatever regiment, troop or company shall treat with the enemie or enter into any conditione with them without our leave or leave of our generall or cheiff commander in his absence, the officers of such regiment, troop or company who are found guilty shall dye for it, and of souldiers who shall consent therunto every tent man by lott shall be hanged and the rest shall be punished att the discretione of our generall, but whatever officers or souldiers can prove that they did their outmost to avoyd and resist such a treaty and were noe way partaker of the cryme, they shall not only goe free but also be rewarded for their constancy and fidelity.
Article 9. Whoever shall goe about to entice or persuade aitherofficer or souldier to joyne or ingadge in any traiterous or rebellious acts aither against our royall persone or (p. 468) kingly government shall suffer death for it, and whoever shall not reveall to his superior officer such a conspiracie or intended rebellion so soon as ever it shall come to his knouledge shall be judged equallie guiltie with the contrivers of such a plott or conspiracie and consequently shall suffer the same penaltie.
Article 10. If any officer or souldier shall behave himself disgracefullie touards our generall, leivtenant generall or other cheiff commander of the army or speak words tending to his hurt or dishonour, he shall dye for it.
Article 11. He who in presence of our generall, leivtenant generall or other commander in cheiff shall draw his suord with a purpose to doe any officer or any of his fellow souldiers a mischeiff, shall die for it.
Article 12. Such respect and obedience as is due to our generall or great officer from these under his command is lykewayes due unto all superior officers from their inferiors under the lyke pennaltie.
Article 13. Whosoever shall presume to violat any safeguaird, conduct or protectione given by us, [our] generall, lievtenant generall or other commander in cheiff of our forces (knouing the same) shall suffer death.
Article 14. If any number of souldiers shall presume to assemble to take counsell amongst themselves for the demanding their pay, any inferior officer accessory therto shall suffer death for it as the heads and ring leaders of such mutinous and seditious meetings, and if any captain being privie therunto shall not suppress the same or complaine of it he shall lykewayes be punished with death.
Article 15. Noe officer or sowldier shall utter any words tending to seditione, mutiny or uproar, upon paine of death or suffering such punishment as shall be inflicted upon him by a court martiall, and who ever shall hear any mutinous or (sic) words spoken and shall not with all possible dilligence reveall the same to his superior officers shall be punished as a court martiall shall think fitt.
Article 16. If any officer or souldier shall refuise to obey his superior officer or quarrell with him, he shall be casheered, but if any shall presume to resist any officer in the executione off his office or shall strick and lift up his hand to strik or shall draw or offer to draw or lift up any weapon against his superior upon any pretence whatsoever, he shall suffer death.
Article 17. Everie souldier shall keep silence when the army or any regiment, troop or company is marching, embattelling or taking up their quarters to the end that their officers may be heard and their ordors executed, upon paine of imprisonment at the discretione of the officers.
Article 18. He who shall in anger draw his sword whilst his collours are flying aither in battell or upon the march, unless it be against the enemy, shall run the goadloup.
Article 19. When any march is to be made every man who is suorne to his collours shall follow and whoever shall without leave stay behind or depart above a mylle from the camp or out of the army without licence shall march in armes for such tyme as shall be found fitt.
Article 20. When the army or any part of them shall march through or lodge in the countrie none of them shall extort free quarter or money from them or shall committ any waste or spoill or cutt doune fruit trees or planting, deface walks of trees, parks, warranes, fishponds, houses or gardens, trade doune or otherwayes destroy standing corne in the car, nether shall they putt their horses into meadoues without leave from ther cheiff officer, upon paine of severe punishment, but if any officer or souldier shall willfullie burne any house, barn, stack of corne, hay or straw or any ship, boat or carriage or any thing which may serve for the provisione of the army, without leave from the commander in cheiff, [he] shall suffer death for it.
Article 21. When the army or any part therof shall come to engadge the enemie in fight, whosoever shall run fromhis collours, be he native or stranger, or doeth not defend them to the outmost of his pouer so long as they are in any dainger, shall suffer death (p. 469) for it, and whatsoever persone shall at any other tyme run away from his collours shall suffer death.
Article 22. If any regiment or commanded party shall not behave themselves in fight against the enemy as they ought to doe, they shall aither dye or be disgracefully cashiered untill by a notable act they redeem their honour.
Article 23. When it shall please God that our forces shall beat the enemie, every man shall follow their officer in the chase, but whosoever shall presume to pilladge or plunder till the enemy be entirely beatten, and any misfortune happen, he shall suffer death or such other punishment as shall be pronunced against him by our generall court martiall and the pillage so gotten shall be forfeited to the use of the sick and maimed sowldiers.
Article 24. When any toune or place shall be taken (though by assault), no man shall presume to pillage any church or hospitall (without leave or necessary reasone), much less to sett fire to any church, hospitall, schooll or miln, neither shall they offer violence to any churchmen, aiged men or women, maids or children unless they be found actually in armes against them, upon paine of death, and whoever shall force a woman to abuse her (whither belonging to the enemy or not) and the fact he sufficientlie proven against him, he shall certainly suffer death for it.
Article 25. In what place soever it shall please God that the enemy shall be subdued and overcome, all the ordinance, amunitione and victualls that shall be ther found shall be secured for our use and for the better releiff of tile army and one tenth pairt of all the spoill shall be laid apairt towards the releiff of the sick and maimed sowldiers.
Article 26. Whoever shall take any generall officers as prisoners shall present them to us or our generall or the officer in cheiff commanding our forces, who will reuard them, and they who shall take other prisoners may keep to themselves the officers and volunteers giving their names to the martiall generall but shall not putt them to ransome without our or our generall officers leave, and they are imediatly to send all privat sowidiers soe taken to the martiall generall, who is to take them into custodie.
Article 27. If any sowldier shall be drunk in the enemies quarters before they have wholly laid doune their armes and yeilded to mercy and any hurt or mischeiff ensue theron, he shall be punished according to the prejudice if it be generall, or with irons, bread and water if noe hurt ensue it.
Article 28. All officers whose charge it is shall see the quarters keeped clean and neat, upon paine of severe punishment.
Article 29. Noe officer shall lay out all night from the camp or quarters without his superior officers leave obtained for the same, upon paine of being punished for it as a court martiall shall think fitt, neither shall any sowldier [or] officer goe any byway to the camp other then the commone way laid out for all, upon paine of being punished as aforesaid, but if any officer shall without leave be absent from his quarters a week he shall lose one months pay and if longer he shall be discharged of his command or place as a man unfitt to bear office in the army.
Article 30. No souldier shall presume to make any allarme in his quarters by shooting of his musquet in the night after the watch is sett, unless it be at ane enemy, upon paine of death.
Article 31. Noe souldier shall in anger draw his suord in any campe, post or garrisone, upon paine of death.
Article 32. When warning is given for setting the watch by beat of drum or sound of trumpet or fife, if any souldier shall absent himself without reasonable cause, he shall be punished by ryding a wooden horse or otherwayes at the discretione of the commander, and whatever sowldier shall faill at the beatting of a drum or the sound of trumpet or fife or upon any allarme given to repaire to his collours with his armes decently keept and well fixed (unless ther be ane evident necessity to hinder him from the same), he shall aither be clapped in (p. 470) irons for it or suffer such other punishment as a court martiall shall think fitt.
Article 33. Whoever makes knouen the watchword without order or gives any other word but what is given by the officer shall suffer death.
Article 34. A centinell who is found sleeping in any post, garrisone or trench or the lyke (while he should be upon his deuty) shall suffer death or such other punishment as our generall court martiall shall by their sentence inflict for the same, and if a centinell or pardue shall forsake his place before he be releived or drauen off, or upon discoverie of ane enemie shall not give warning to his quarters according to directione, he shall suffer death or such other punishment as our generall court martiall shall think fitt; as lykewayes if any souldier employed as a scout shall not goe upon that service so farr as he is commanded, or having discovered ane ambush or approach off the enemy shall not return furthwith to give nottice or warning to his quarters, or if he enter into any house and ther or elsequher be found sleeping or drunk whilst he showld have been upon deuty, he shall suffer death.
Article 34 [lege 35]. Whoever shall doe violence to any who shall bring victualls to the camp or garrisone or shall take his horse or goods shall suffer death or such other punishment as he shall be sentenced to by our generall court martiall. If any presume to beat or abuse his host or the wife, chyld or servant of his host quher he is quartered or billited, he shall be putt in irons for it and if he doe it a second tyme he shall be further punished and the partie wronged shall have amends made him; and if any presume to exact free quarter without leave from the cheiff officer upon the place, they shall be severely punished at the discretion of a court martiall.
Article 36. Noe souldier or officer shall use any reproachfull or provocking speech or act to another, upon paine of imprisonment and such other punishment as a courte martiall shall think fitt, neither shall any officer or souldier presume to send a challenge to any other officer or souldier to fight a duell, neither shall any souldier or officer presume to upbraid another for refuising a challenge, for whoever shall offend in aither of these cases if he be ane officer he shall lose his place and command whatever it be and if a privat souldier he shall ryde a wooden horse and be farder punished as a court martiall shall think fitt; and if any corporall or other officer commanding a guaird shall willingly or knowingly suffer aither souldiers or officers to goe furth to a duell or privat fight he shall be punished for it by the sentence of a court martiall, forasmuch as all officers of what conditione soever shall have pouer to part and quell all quarrells, freyes and sudden disordors betueen souldiers and officers tho of another companie, troop or regiment and to committ the disordored persones to prisone untill their propper officers be acquanted therwith, and whoever shall resist such ane officer (tho of another companie, troop or regiment) to draw his suord upon him shall be severely punished as our court martiall shall appoynte; but if tuo or more going into the feild to fight a duel shall draw their suords or other weapones, tho neither of them fall upon the spott nor dye afterwards of any wound ther receaved, yet if they be officers they shall lose ther places and if commone souldiers they shall be punished with ryding the wooden horses or otherwayes as a court martiall shall direct; and lastly in all cases of duels the seconds shall be taken as principalls and punished accordingly.
Article 37.None shall be mustered but such as are compleatly armed with a sufficient suord and other armes. If any borrow armes of another to pass the muster withall the lender, if he be a souldier, shall forfeit the value of the armes so lent to be taken out of his pay, and the borrouer shall be severely punished.
Article 38. None shall be allowed upon any muster who by loss of limbs or otherwayes is unable for our service but by ordor from us or our generall.
Article 39. Noe housekeeper or inhabitant in the usuall quarters of our guaird of horse or foot or in the usuall quarters of any other regiment or garrisone shall be receaved or intertained into our service and pay and mustered as a privat souldier without order from us or our generall, nor shall any officer demand or receave directly or indirectly any soum of money whatsomever from any under his command for admitting and intertaining him into his troop, company or garrisone upon paine of being casheired or rendered incapable of ever being imployed againe in the army.
Article 40. No captain of a troop or company shall, upon paine of being rendered incapable of ever serving in our army any more, be alloued to muster any servants in his troop or company but those who are not only fitt and able for our service but also are bound by oath and pay to follow the troop or company and who dewly and constantly appear at everie muster in propper armes unless they have leave to be absent, which is not to be granted but upon a reall and good occasione, and whatever other persone shall present himself or his horse in the muster to mislead the muster master or defraud us shall suffer such punishment as our generall court martiall shall think fitt.
Article 41. No man shall presume to present himself to the muster master to be inrolled in the muster rolls by a counterfitt or wrong name or sirname or place of birth or habitatione, upon paine of runing the goadloup if it be a footman or forfeiting the horse and armes he hes if he be a horseman.
Article 42. All forelofs shall be given for some tyme by the captaine of each troop or collonell of a foot regiment And if it shall be found that under such licences ther is any collusione, the persone guilty therof shall not gett what remaines of his pay nor therafter be admitted into that troop or regiment.
Article 43. No muster master shall knouingly lett any pass the muster but such as are qualified according to the precedent articles, upon penaltie of losing his place.
Article 44 . Whatever leivtenant, cornet or ensigne shall discover and make proofe to the generall officer or collonell that his captain hath made false muster, the said captain shall be casheired and the leivtenant or ensigne discovering as aforsaid shall have the place of his captaine, and whatever serjant or corporall shall discover or make proofe of false musters as aforsaid shall have for each tymethe soume of fyve hundreth merks scotts money payable by the paymaster at the first muster imediatlie follouing the discoverie soe made, but if his accusatione shall upon examinatione be found false and malicious, in that case he shall be immediately casheired and suffer such farder punishment as shall be judged fitt by our generall court martiall.
Article 45. If any souldier shall be sick, wounded or maimed in our service, he shall be sent out of our camp to some fitt place for his recoverie quher he shall be provyded for by the officer appoynted to take care of sick and wounded souldiers, and his wages and pay shall goe on and be dewly payed untill it doeth appear that he can be noe longer serviceable in our army, and then he shall be sent by pass to his countrie with money to bear his charges in his travell.
Article 46. All captaines shall use their outmost endeavoures to have their troupes and companies compleat and full, and within tuo dayes after everie generall muster both the captain and our muster master shall send to the generall if he requyres it and to the thesaurer or paymaster of the army a perfect list and roll of all the officers, troopers and souldiers of their troopes and companies that are in actuall service punctually expressing at the foot of the rolls what new officers, troopers and souldiers have been intertained since the preceeding muster in lew of such as have been casheired or are deceased with the day when the on dyed or went and the other was intertained in his place.
Article 47. All commissiones granted by us or our generall to any officer in pay shall be brought to the muster master, who is to receave and enter the same in a book fairly wryten, and non commission‑officers shall be alloued in musters without a commissione from us or our generall and the same entered with the commissaries generall of the musters or their deputies, who are heirby requyred furthwith and from tyme to tyme to send the officers names to the secretarie and judge advocat of our forces or register of our courte martiall.
Article 48. No commission‑officer after enrollment and being mustered shall be dismissed or casheired without ordor from us or our generall, but for non‑commission officers or privat souldiers, their captaines, with the approbatione of their collonells or of the governour of the garrisone quher they are, may discharge them when they find cause, taking other non‑commission‑officers or souldiers in ther places, provyded that such collonell or governour shall furthwith certifie the commissaries generall of the musters that (by their approbation) such non‑commission‑officers or souldiers were discharged and others taken into their places respectively; and in quarters and garrisones wher ther are single troopes or companiles. the captains certificats are furthwith to be sent and accepted by the commissaries generall expressing the day of each non-commission‑officers orsouldiers discharge or death or who was entertained in his place.
Article 49. We doe expressly forbid any souldiers deuty aither of horse or foot to be done by any other than the souldier himself, but in case of sickness and disability or other necessary cause his captain may dispence with his absepcee without causing him to find nother to serve in his stead.
Article 50. The muster master shall allwayes the night before give nottice to the officer in cheiff commanding any regiment, troop, company or garrisone of the tyme and place for their musters that so the officers and souldiers may have tyme to make ready for their musters, that so the officers and souldiers may have time to make ready for their muster. Upon every muster three moster rolls are to be prepared of the respective troops and companies, in which rolls the names of all privat souldiers are to be wryten alphabetically, one of which rolls is to be in parchment for the paymaster and to be subscribed (togither with another roll which the muster master is to keep) by tuo commission‑officers at the leist of the respective troopes and companies and the muster master. The third muster roll is to be subscrived only by the muster master, which the officer is to keep, and noe rolls are to be allowed by the muster master and paymaster otherwayes then as we have heirin directed, and the said muster rolls are to be provyded furthwith upon every muster.
Article 51. If any trooper or dragooner shall loss or spoill his horse, or any foot souldier his armes or any pairt therof, by negligence or gaming, he shall remaine in the quality of a pioneer or scavenger till he be furnished with as good as were lost at his oune charge, and if he be not otherwayes able the one half of his pay shall be deducted and sett apairt for the provyding of it till he be refurnished; neither shall any souldier paune or sell or negligently or willfully break his armes or any pairt therof or any hatchetts, spades, shovells, pickaxes or other necessaries of warr, uponsevere punishment at the discretione of our generall court martiall, and wher armes or other necessaries aforsaid shall be pauned they are to be forfeited and seized on for our use.
Article 52. All officers and souldiers and also the muster master not dewly observing these ordors and instructiones and every one of them respective shall be casheired or lyable to such other punishment as ourself, our generall or our court martiall shall appoynt.
Article 53. None shall presume to spoill, sell or convoy away any amunitione delyvered unto him, upon paine of suffering death or such other punishment as our generall court martiall shall think fitt.
Article 54. Noe commissarie or victualler shall bring into the camp any unsound or unsavore victualls of what kynd soever wherby sicknes may grow in the army or the service be hindered and if upon examinatione before our generall court martiall he shall be found guilty he shall suffer such punishment as they shall think fitt.
Article 55. Noe officer, provyder or keeper of our victualls or amunitione for our forces shall imbazell or willingly spoill or give a false accompt of any pairt therof to whom he is to make his accompt, upon paine of suffering such punishment as our generall court martiall shall think fit.
Article 56. Noe officer or souldier shall be a victualler of the army without consent and allowance of our generall or of the officer in cheiff of the regiment, upon paine of being punished at discretione.
Article 57. Noe victualler or seller of beer, ale or wyne belonging to the armie shall intertaine any souldier in his house, booth, tent or hutt after the warning peice, tatoe or beat of drum at night or before the beatting of revallies in the morning, nor shall any souldier within that tyme be any wher but upon his deuty or in his quarters, upon paine of punishment both to the souldier and entertainer at the discretione of a courte martiall.
Article 58. The commission‑officers of every regiment may hold a court martiall for that regiment upon every necessarie occasione. Ther shall also be a provost martiall of every regiment, lykeas ther shall be a martiall in the troop of guaird who have the same priviledge in his oune regiment or troop as the provost martiall generall hath in the army and camp and such fees also as the court martiall shall allow.
Article 59. These who are judges in our generall courts martialls or in regimentall court martialls shall hold the same rank in these courts as they doe in the army for ordors sake, and they shall take ane oath for the due administratione of justice or (wher these articles assigne noe absolute punishment) according to their consciences, the best of their understanding and the custome of warr in the lyke caises and shall demean themselves ordorly in the hearing of causes as becomes the gravitie of such a courte; and before the giving of sentence everie judge shall delyver his vote or opinione distinctly, and the sentence is to be according to the plurality of votes, and if ther happen to be ane equality of votes the president is to have a casting vote, and when the sentence is to be given the president shall pronunce it, and after that the sentence is pronunced the provost martiall shall have warrand to cause execution to be done according to the sentence.
Article 60. Att our generall courte martiall ther shall be a clark who is to be suorne to make true and faithfull records of all the proceedings of that court and ther shall be also such officersappoynted both for that and also for the regimentall court martialls as shall be necessary, and our generall court martiall may appoynte and limite the fees of our provost martiall generall as they shall think fitt.
Article 61. All contraversies aither betueen souldiers and their captaines or betueen souldier and souldier relating to their military cappacities shall be summarly heard and determined at the nixt courte martiall of the regiment.
Article 62. If any matter which shall be adjudged in any of the aforsaid regimentall court martialls, aither of the parties that finds himself aggrieved may appeall to our generall court martiall who are to take care that, if the partie appealling make not good his suggestione, recompence be made to the other for the trowble and charge of such ane appeal.
Article 63. In all criminall causes which concerne our croune ouradvocat generall or judge advocat of our army shall informe the court and prosecute on our behalf.
Article 64. No officer or souldier shall presume to hinder the provost martiall, his leivtenant or servants in the executione of that office, upon paine of death or such other punishment as our court martiall shall think fitt, but on the contrar all captains, officers and souldiers shall doe their outmost to apprehend and bring to punishment all offenders and shall assist the officers of our army or regiment for that purpose, especially the said provost martiall, his leivtenant and servants; and if the provost martiall or his officers requyre the assistance of any officer or souldier in apprehending any persone, declaring to them that it is for a capitall cryme, and the party escape for want of aid and assistance, the partie or parties refuising to aid or assist shall suffer such punishment as our court martiall shall inflict.
Article 65. That officer or souldier who shall presume to draw his suord in any place of judicature while the court is sitting shall be putt to death, and we heirby authorize our provost martiall generall of our army by his oune authority to apprehend such offenders, And if any souldier being committed
for any offence shall break prisone the said provost martiall generall shall by his oune authoritie apprehend him and the said offender shall suffer death or such other punishment as our generall court martiall shall think fitt.
Article 66 If any fray shall happen within the camp or place of garrisone, in any of the souldiers lodgings or quher they meet, it shall be enquyred into by the officers of the regiment and the beginners and pursuars therof punished according to the quality of the offence.
Article 67. If any inferior officer aither of horse or foot be wronged by his officer he may complean to his collonell or other superior officer of the regiment, who is [to] redress the same upon due proofe made of the wronge done, but if he faill therein the partie aggrieved is to apply to the generall officer for redress and if the accusatione be false the complaint is to be punished according as his officer deserved if he had been found guiltie.
Article 68. If any collonell or captaine shall fore (sic) or take away any thing from any privat souldier, that collonell or captaine shall be punished according to the quality of the offence by the judgement of our generall court martiall, but if a souldier be wronged and shall not appeall to that court or his superior commanders but take his oune satisfactione for it, he shall be punished by the judgement of a court martiall.
Article 69. If any souldier die, noe other souldier shall take or spoill his goods upon paine of restoring dowble the value to him to whom they belong and of such further punishments as our court martiall shall think fitt, but the captaine of the company of which such a souldier was shall take the saids goods into his custodie and dispose of them for paying his quarters and to keep the overplus (if any be) for the use of those to whom they belong and shall claime the same within thre months after his death, and if any captain or officer die the cheiff commander shall take care of preserving his estate in lyke manner.
Article 70. No provost martiall shall refuise to receave or keep a prisoner sent to his charge by authority or shall dismiss him without ordor, upon paine of such punishment as our court martiall shall think fitt, and if the offence for which the prisoner was apprehended deserving (sic) death the provost martiall refuising to receave and keep him as aforsaid shall be lyable to the same punishment.
Article 71. If any persone be committed by the provost martialls oun authoritie without uther command he shall acquant the generall or other cheiff commander with the cause therof within tuenty four houres and the provost martiall shall therupon dismiss him unless he have ordor to the contrary.
Article 72. No man shall presume to use any braving or minacing words, signes or gestures wher any of the forsaids courts of justice are sitting, upon paine of suffering such punishment as the court martiall shall think fitt.
Article 73. Whenever any sentence of death is given out in the court martiall it shall be redd by [blank] the register of the court in the presence of the condemned and signed by the president; therafter it shall be given to the generall or cheiff officer who may notwithstanding suspend the same untill he shall acquant us or see it putt in executione as he shall think fitt.
Article 74. In the generall court martiall shall allwayes preside one of the great officers of the army, lykeas in the regiments of foot the collonell or leivtenant collonell, and when it shall happen to fall out amongst the horse, the captaine of our guaird shall preside or a generall officer, who for want of number to make up tuelve with the president may call officers of foot who all shall take the oath aforsaid and then proceed unto their judgement untill sentence shall he pronunced against the delinquent or in the matter contraverted.
Article 75. Whatever is to be published or generallie to be made knouen shall be done by beat of drum or sound of trumpett, that soe noe man may pretend ignorance therof and after that whoever shall be found disobedient or faultie against what is thus published shall be punished conforme to the paine contained in the proclamatione.
Article 76. Lykewayes all victuallers that victuall in the camp shall be subject to the aforsaid articles and the councell of warr ther being, on the penalties forsaid, and shall not draw any wyne or beer for any one in the evening ane hour after the sunsetting or in the morning as much before the rysing therof without particular ordors from the generall or the commanding officer in the camp, on paine of forfeiting three pounds scots for everie tyme they shll be found to have done so, the said forfeit to be converted the one half therof to the provosts behove and the other to the releiff of the poor.
Article 77. All other abuses and offences not specifeit in these ordors shall be punished according to the ordinances, laues and customes of warr.
Article 78. And if any souldiers shall not be present at the proclaiming of these ordors and laues they shall notwithstanding be as much bound to the observatione of them as the others who were present, but to the end none may pretend ignorance and everie one have nottice therof, it is ordored that the same shall be everywher published on the muster day and the commissaries to cause all the souldiers to suear accordinglytherunto."
Laws and ordinances touching military discipline
"Folloues the laues and ordinances tutching militarie discipline: Wheras by daylie experience many disordors are found to grow amongst those that bear armes tending to the great damnage of the countries and prejudice of the government therof, which notwithstanding are not any wher soe punished as in reasone they ought because ther is noe certaine ordor or law toutching like matters as yet decreed and published, the States Generall of the United Provinces have therfore (with the advyce of the Counsell. of State of the same) ordained, appoynted and decreed [and] doe by these presents ordaine, appoynte and decree the ordors or laues here ensuing which ther will is to give [lege have] from point to poynte strictly observed and followed by all those that bear armes in their service, to which end it shall be every wher published and accordinglie suorn to by the souldiers.
1. First, he that shall take the Lords name in vain or blaspheme the same shall for the first tyme make ane honourable amends and be keeped three dayes in prison at bread and water, the second tyme shall have a glouing iron thrust through his tongue, then be stripped to his shirt and so banished out of the United Provinces.
2. The lyke penaltie shall they incurr for the first and second tymes who shall aither doe or say ought in despyte or derision of Gods word or the ministers of the Church.
3. All willfull murderers, rapps, adulterie, firing of houses, theiverie, violence, outrage, falshood and other badlyke facts and open offences or unnaturall abuses shall be punished with death.
4. None shall any way outrage, strik, knock, beat, threatten or dishonestly toutch any widoues, married or unmarried women such as are in child bedd or with chyld or any young children, on paine to be discharged without money or passport or else punished corporallie according to the qualitie of the offence, lykewayes all commone whoores shall for the first tyme be expulsed out Of the camp with shame and beiong found ther the second tyme soundlie whipped and banished.
5. He that shall have done or conspired ought against the States, the countrey tounes or other places therof or against any governours or captaines in the same, quherby the publict state of the land may be in any sorte indamnaged or endaingered, as also whos[o] ever shall consent therunto shall without any mercy be hanged.
6. The lyke punishment shall they also incurr whosoever coming to the knouledge of any such matter shall not reveall it to their captaine or cheiff officers.
7. N0ne shall raise any mutiny or make any unlaufull assembly on whatsoever secret, cloaked or other purposes nor for what cause soever it be without ordor from the commanders, onpaine of hanging.
8. In lyke sort shall they also be punished that shall be present at such assemblies or call, stirr up and incite any to be present ther and [it] is to be understood also that such officers as shall be at the lyke seditious meetings shall receave punishment before all other souldiers, except these that are noe authors therof.
9. He that shall speak ill of the States Generall or particular[ly] the Counsell of State or other superiors, or shall speake ought to despise or deride any of them, shall without mercy be punished with death.
10. He that shall have spoken any words tending to seditione, mutiny or disobedience, or that having heard such words and shall not presently acquant his captaine therwith, shall be punished with death.
11. In lyke sort shall they also be punished who rehearse any such words in presence of privat souldiers aither of themselves or by suggestione of other or practise ought quherby any mutiny or sedition may grow.
12. No man being out of guarded or besiedged places or in other the lyke caises shall use any speech or correspondence with the enemy, nor send him any messages or letters nor receave any from him nor deall in lyke sort with any of his confederats, be it in secret or publict, without the consent first had of his governour or captaine or that he may make it furthwith knouen unto him unless he be therto authorized, neither shall any man be adherent nor in any sort be assistant to the enemy, on paine of death.
13. Lykewayes none shall conferr or converss with any trumpett or drum of the enemies or any other sent on message from him but they only who are therto appoynted, on paine of death.
14. Non shall in going, departing, lying still, mustering or in garrisone doe outrage or spoill to the inhabitants of these countries, their favourers or confederats or take from them any victualls, money or ought else, without paying dewly for the same, nor yet throw doune or spoill any water milns or water works nor sett on fyre the same or other houses or else the camp at the breaking up therof, without speciall command from the generall or other cheiff officers, on paine of death.
15. None shall aither doe or practise ought against any persones, touns, villages, forts, havens or whatsoever goods warranted by passports or other assurances from the Generalitie, on paine of death.
16. He that will depart from one company to another or elsequher or will leave the collours under which he serveth is to have a sufficient passport from his captaine or commander and failling therin shall be punished with death.
17. Whatsoever captaine shall entertain souldiers without a laufull discharge from their former captaine shall be punished with death.
18. If any sowldier serving on horse or foot shall knock or strik his hoste, hostess, ther man or maide servants, he shall for the first tyme be keeped three dayes at bread and water, the second make ane honorabill amends and before the whole watch be disarmed and then banished out of the company, and if the party so striken be maimed or blood drawen, then shall the souldier offending have his hand striken off.
19. Whosoever shall have taken or stollen any victualls or other provisiones brought up towards the camp, garrisone or any tounes or places under the jurisdictione of the States Generall shall be hanged.
20. None shall out of the camp or garrisone forciblie take or else buy up beforehand any victualls or goods bound thitherwards before the same shall be brought to a fitt place for sale and taxed, neither shall he robb any cabbine, shop, tent, victualler or merchand that is ther for the help of the camp or garrisone, on paine of death.
21. He that shall goe out of the quarter from his colours or garrisone further then a cannon shott without his captaines leave shall be punished with death.
22. Whosoever shall goe out of the camp, besiedged toune, fort or other place without the speciall consent of his captaine or officer for any cause, be it for forrage or ought else, shall be hanged.
23. Whos[o]ever shall take any cattle or beasts within the lands that ly under the obedience of the Generality shall be punished as a theiffe.
24. He that in marching by land touards the feild or in returning thence shall forsake his collours or cornet shall without any mercy be punished with death.
25. And whosoever (not being visited with manifest sickness and the same knouento his captaine or commander) shall keep allong with the baggage or ride on the waggones shall be disarmed before the whole company and then banished without money or passport.
26. If any shall neglect his watch or service committed unto himhe shall be punished with death.
27. If any sowldier shall be found sleeping on his sentinell he shall without any mercy be punished with death.
28. Whatsoever sowldier shall aither by day or night depart from his sentinell wher he hath been placed by his corporall unless he be called thence or releived by the said corporall shall receave punishment of death without any mercy.
29. None shall declare or make knouen the watchword to the enemy or any other nor give any other word then is given him by the officer, on paine of death.
30. Whosoever shall absent himself out of the court of guaird above tuo houres in the day tyme or any within the night without his corporalls leave shall be punished with death.
31. None shall without lafull cause raise any tumult or allarme nor discharge a peice by night nor make any noise nor doe ought else quherby the same may grow (without cause), on paine of death.
32. He that shall presume within the camp, quarter or place wher he lyeth in garrisone, as also after the watch is sett, to draw his weapone, shall forfeit his life, as also if he doe it out of the camp, toune or place without leave of his officer.
33. He that shall strik any man with his suord undrauen or with a cudgell, stone or otherwayes that blood follow, shall lose his hand.
34. He that shall give any one a box on the ear shall in presence of the company take the lyke box againe of the partie so wrounged and besyds be disarmed and banished the company.
35. Noe souldier shall without ordcr from their cheiff captaines or commanders hold any commone meeting or gathering togither, be it to demand money or ought else, nor yet be present at such assemblies, on paine of death, provyded alwayes that such captaines or commanders as shall suffer the same to happen at undue seasones and in unlatifull wayes shall (for ane example to others) be punished with death before all the souldiers.
36. If any shall call for money as they are marching in the face of the enemy or upon any interprize, they shall receave punishment of death without any mercy.
37. If it chance that the monthly intertainment be not payed on every day or that it cannot be sent unto the souldiers for some cause, be it through any hinderance of the enemy or otherwayes, none shall therfore make any tumult or speak seditilous words or seek to force his captailne to the payment therof neither yet any white the less discharge and have care of his marches and watches, but contenting himself with a reasonable loan untill the money be come or may come, shall fullie performe the duty of a good sowldier, and whosoever doeth the contrarie or accompany those that doe it shall be punished with death.
38. nOe xptains, leivtenants or ensignes shall depart out of their place quher their companies ly in garrisone whither it be to sollicite for payment of their said company or for their oune bussiness without leave of their commanders or governour, on paine of death.
39. He that shall in any quarrell, fight or otherwayes call those of his nation to help or gather ane assembly shall be hanged.
40. He that shall be found by day or night out of the camp or place besidged without his captains leave shall be punished with death.
41. Whosoever shall goe on freebooting and committ spoills, extortiones and thefts shall be hanged.
42. If one souldier challenge another in the field without leave from him that commands in that quarter, he shall be punished with death.
43. If any corporall or other commanding the watch shall suffer tuo souldiers to goe furth to fight, he shall without mercy be punished with death.
44. Any souldier being wronged by word or deed, he shall repaire to him that commands in the quarter, who after the hearing of both parties shall cause satisfactione of the wronge to be made unto the party interessed with bare head and in presence of the whole watch, and if he find cause shall also disarme the wrongdoer and banish him out of the companie.
45. And if ther be noe witness of the quarrell then shall the said commander cause the parties to aggrie in his presence, wherto if they will not condescend, then both or he that denyes it shall be disarmed and banished out of the company.
46.Whatever souldier or commander shall goe out of the camp, toune or fort or enter therunto by any other way then att the ports and ordinarie enterances shall be punished with death.
47. If any souldier shall refuise the command of his captaine or any other who commands over him in the service of the States Generall and not performe the same he shall be punished with death, as he lykewayes shall who transgresseth any of the Generalls commandments published by sound of drum or trumpet.
48. Att the sounding of any alarme everie one shall resort to his ensigne or cornet and whosoever comes not thither (unless it be on apparent necessity) or runs to another place without consent and speciall ordor from his commander or comes not so soon as his ensigne shall be punished with death.
49. Everie souldier shall aid and defend his collours by day and night and by the first warning repaire unto them [and] not depart from thence untill it be brought into a place of safetie, on paine of death.
50. If any shall depart out of the ordor or rank wherin he is placed unless it be on necessarie occasiones and that he had therwith acquanted his officer, he shall be punished with death.
51. He that shall first begin to flee in batle or assault may lauffilly be slaine by any one, and if he escape he shall be declared a villaine and shall receave punishment of death without mercy.
52. None that is appoynted to the defence of any breach, trench or skonce, be it a captaine or souldier, shall willingly forsake the same or through any false or colloured occasiones or excuses absent himself from thence without sufficient order or warrand alloued by the councell of warr, on paine of death.
53. None shall surrender or delyver to the enemy any place the keeping quherof is committed to him, on paine of death.
54. Lykewayes none shall run from his quarter in a besieged place, try for compositione or speak therof, be unwilling to fight, labour or defend their quarter or make others unwilling therunto or doe ought else in such a place quherby the defence therof may be hindered, on paine of death without any mercy.
55. If any man run away unto the enemy or in such his flight be taken by the enemy he shall be punished with death.
56. Noe captains shall seduce or entice away each others souldiers, on paine of death.
57. Whosoever by word or deed shall bussie himself with the sergant major doing his office, be he captaine or souldier, shall without mercy be punished with death, as he also shall who will not content himself with that quarter or lodging quherto he shall be appoynted to be quarter master or furrier or who shall disturb another man in his place.
58. If any souldier having the watch shall come to his colours not fully armed to march with the rest into the watch, he shall for the first tyme be keeped three dayes at bread and water, the second disarmed and banished for three months out of the company, and the third tyme suffer death.
59. Everie one, of what conditione soever he be, shall furthwith or beforethe evening bring before him that commands in the quarter all such prisoners as shall be taken off the enemy, on paine of forefeiting the saids prisoners and to be punished besyds with death.
60. And if any shall take prisoner a generall commander or other man of account of the enemy, he is furthwithto present or cause to be presented the said prisoner unto the States Generall or Councell of State and withall to delyver him over, as also whatsoever other prisoners they will take to themselves, receaving therfore a reasonable reuard according to the quality and ability of the prisoner, provyded that it exceed not the soume of 5,000 gilders, and so the said prisoner shall be at the disposing of the aforsaids States and he that took him pretend noe farder intrest in that behalf.
61. Lykewayes none shall kill any prisoner or sett his ransome or after the payment of the said ransome suffer him to departe without leave of the generall or him that commands the quarter, on paine of being disarmed and banished out of these countries.
62. And if any prisoner be found walking allong the campeso place of garrisone without leave of the generall or him that commands ther, he to whom the prisoner belongeth shall forfeit him to those who shall first lay hands on the said prisoner.
63. Concerning laufull prizes, whosoever bring in the same shall acquant therwith the generall or him that commands in the quarter within three houres after their returne, to the end they may be accordingly registred, on paine of forefeiting the same and to be besyds punished on the body.
64. Whosoever shall have gotten any thing upon the enemy and giveth not nottice therof as aforesaid that it may be registred and after sold in the camp or garrisone but shall sell or cause to be sold in the places or tounes near therunto, shall without any mercy be punished with death to the end that better ordor be held in all and noe man wronged in his right.
65. When a souldier shall have done any offence or fault, his captaine shall be bound (on paine of three months suspension from his charge) to delyver the said souldier into the generalls hands or his that commands in the quarter, who with the captains, leivtenants and ensignes then present shall upon the informatione which he shall cause to be taken therof judge according to these ordors and laues.
66. He that is drunk on his watch day shall be casheired and banished out of the company.
67. If any one drink himself drunk and in his drunkenness committ any ill or ought forbidden, he shall not therby be excused but so much the more sharply punished.
68. If any captain or souldior shall refuise the muster or revew he shall be casheired.
69. None shall at the muster lett himself be entered by a changed or other name then his oune nor pass muster with a borroued horse or armes, neither shall any on the muster day lend the lyke, on paine of being disarmed and banished out of the company.
70. None shall lett himself be entered or muster under tuo companies, on paine of death.
71. None shall diminish or paune his armes which are appoynted him by his captaine, on paine of being disarmed and banished for six months out of the company.
72. None shall lykewayes take or paune any soldiers armes, on paine of losing dowble the worth of the paune.
73. None shall play away or quyte his armes but keep the same allways clean and serviceable, on paine of [being] cassiered out of the company without passport.
74. None shall by cousenage gett away his felloues provisiones, victualls or arms, on paine of being disarmed and banished for three months out of the company or else besyd of sustaining corporall punishment according to the quality of the offence.
75. He that shall presume to sett upon a commissarie of the musters or wrong him aither in word or deed shall be punished with death.
76. If any captaine give his souldiers less then the pay alloued him by the States he shall be disgraded. 77. If any souldier proffer to draw his weapone against his cheiff or commander he shall be punished with death.
78. If the provost or his officers apprehend one or more souldiers, none (of what degree soever) shall oppose himself theragainst or rescue or attempt to rescue the saids prisoners, on paine of death.
79. Noe officer or gentleman of any company of horse or foot nor any commone souldier shall victuall in any camp without the generalls speciall consent, on paine of being disarmed.
80. Lykewayes all victuallers that victuall in the camp shall be subject to the aforsaid articles and the councell of warr, ther being on the penaltie herincontained, and shall not draw any wine or beer for any one in the evening ane hour after sunsetting or in the morning as much before the rysing therof, on paine of forfeiting three gilders for everie tyme they shall be found to have done soe, the said forfeit to be converted the one half therof to the provosts behoofe and the other to the releiff of the poor.
81. All other abuses and offences not specified in these ordors shall be punished according to the ordinances, laues and customes of the warr.
82. And if any souldiers showld not be present at the proclaiming of these ordors and laues they shall notwithstanding be as much bound to the observatione of them as the other who were present, but to the end none may pretend ignorance and everie one have nottice therof, the States Generall have given ordor that the same shall be every wher published on the muster day and charged the commissaries to cause all the souldiers to suear accordingly therunto.
Thus done and decreed at Arnhem after sundrie conferences had therupon with the cheiffest commanders of these United Provinces, it being furder appoynted that these ordors and laues shall be published both in the camp and whersoever else it shall be meet and requisite and that at everie muster the commissare shall read and propone the same againe to the companies. Agust 13, 1590. By ordor of the Councell of State. Subscribitur, CHR. HUYGENS."
Innes A. Duffus Archivist to the Nine Incorporated Trades of Dundee