Ecclesiasticall Discipline . I. THAT in everie Regiment under a Collonell , there bee an ecclesiasticall Eldership or Kirke Session , consisting of the Minister or Ministers of the Regiment , and of Elders to be chosen to that effect ; who shall sit at their appointed times , and judge in all Kirke affaires , according to the word of GOD , and the rules and order of Discipline used in the Kirke of SCOTLAND for censuring of delinquents , as fornicatours , whooremongers , adulterers , swearers , cursers , drunkards , profaners of the Sabbath , and all scandalous persons , that they may be brought to repentance : or being found obstinat and incorrigible , that the extreame censures of the Kirke passe against them . And that all things bee done herein , as in every parosh in the time of peace . Also , that tender care may be had of the poore and needie , and of all such as are not able , or may be disabled to helpe themselves : There bee some Deacons appointed in everie Regiment according to the order used in particular paroshes and that in matter of greatest weight , there be a generall Eldership , or common ecclesiastick judicatorie , made up of all the Ministers of the Camp , and of an Elder direct from every particular Regiment , who shall choose their own Moderatour and Clerk , have power to set down order in matters ecclesiasticall for the whole Armie : that there may bee an uniformitie of worship and of Discipline . To whom appellation may bee made from the inferiour Sessions and elderships .

The Courts of justice . II. It is ordained also for deciding of all controversies , and that the following articles of war and camp Discipline may be the better observed and obeyed . That there be in the Armie two courts of justice : one higher and another lower court : In every Regiment there shal be a lower court , where the Collonell shal be president , and in his absence his Leive-tenant , with them are two Captains to bee joyned , two Leivetenants , two Ensignes , foure Serjants , and two Quartermasters , that together with the President they may be to the number of thirteene at least .

In the high martiall court shall the generall bee President , and in his absence the field Marschall , his associats shall be the Generall of the ordinance , Sergeant-major Generall , Generall of the horses , Quartermaster Generall , Muster Masters , and all the Collonels , or their Leivetenants in their absence , all these shall sit together every man in his owne place and ranke , whensover there is any matter of great importance in controversie both in the higher Court and lower , there shall be one sworne Secretarie or Clerke appointed , who shall not only make note of the processe and sentences , but shall also make diligent record of all notable things that fall out in the armie , whither in any pitched battell , skirmish , leaguer , or any other piece of service whatsoever , with all the circumstances of time , place , or persons ; he shall also set his hand to all sentences signed by the Generall , and keep a true register of all interprises , that the Generall with his councel of war , shall give order to be done . It shall be lawfull also in all civill and criminall actions of great importance , to make appellation from the lower to the higher Court : The sentence of the court shall bee publickly read in the hearing of all men , but not put in execution , till the Generall give command . No superiour officer , Collonell , or Captaine , shall solicite for any man , that is lawfully convicted by the Court , either for any cryme , or for not observing the articles of warre , unlesse it bee for his very neare kinsman for whom nature compelleth him to interceed ; otherwise , the soliciter shall bee holden as odious as the Delinquent , at least shal be cashiered from his charge . The foresaid judicatories as wel of the Kirk matters , as of war , shal be subject to the councel of estate , and generall Assemblies respectivè .

The oath of the Iudges . III. All the Iudges both of the higher and lower Court shall solemnly swear before GOD this folowing oath :

The oath of the officers and soulediers . IIII. All the officers and Souldiers that shall be admitted , shal with lifted up hands in all reverence swear this following oath .

Prayers and preaching . V. For doing of service and worship to God Almightie , the Lord of hosts , for whose Covenant this war is under taken , from whom we look for assistance , and on whom the successe of warre depends ; it is thought necessary that there be publick prayers , every day morning and evening throughout the whole Leaguer , for which purpose , some token or warning shall bee given by sound of trumpet or drum . That on the Lords day there bee publick preaching , both before and afternoone , and if the time permit , two dayes in the week also . If any Minister shall neglect his time of prayer , or preaching , he shall for every absence forfault an halfe months pay , or as much as may be accounted an halfe months pay , to be taken up by the Deacons , & at the direction of the Eldership to be distributed to the poore . And whatsoever souldier shall neglect the time of prayer or preaching , shall forfault a dayes wage for every absence , and if after admonition by his Captaine he shall bee found guiltie of neglect or contempt , hee shall ly in prison for the space of twentie foure houres , and be further punished , as his fault deserveth .

No mercat in time of divine service . VI. There shall bee no mercat nor selling of commodities whatsoever , after the warning is given for divine service , till it be closed : and if any shall happen to contraveine , they shall make forfault of all things so sold , whereof the one halfe shall be disposed upon by the Generall , or such as shall be appointed by him , and the other half to be given to the Deacons for the use of the poore . Over and above which the offender shall for one whole day be put in prison .

VII . All Officers and Souldiers shall be obedient unto the Generall and field-marshall with other officers next under them , in whatsoever they shall command upon the paines following .

Whosoever behaveth not himself reverently and obediently unto the Generall of the Armie , shall be kept in yrons or prison , till he be brought to answere before a councel of war , where being found guilty , whatsoever his qualitie be , hee shall stand to the order of the councell , to underly what punishment they shall thinke convenient according to his merite .

Whosoever shall offer to discredit these great officers by word of mouth , or otherwise , and be not able by proofe to make it good ; and whosoever shall lift up any manner of armes against any of them , whither he doe them hurt or not , shall be punished by death . And if any officer do strick any of them with his hand , whither he hit or misse , he shall losse his right hand .

If it shall hapen that the Generall , or any of the great and generall officers at any occasion shall offer injurie to any noble man , knight , gentleman , or other which standeth not with their honour to put up , Then shall they give in their complaint to the Councel of war , where the offender shall answer , and bee censured according to the qualitie and importance of the fault .

If any Souldier or inferior officer serving on horse or foot , shall offer any injurie by word , or deed , to his Collonell , Leivetenant Collonell , Sergeant majour , Quarter-master , Captain or any of his superiors , or shall refuse any dewty commanded him , he shall be punished according to the importance of his fault , and if it shall happen that any officer shall command any thing which tendeth rather to the prejudice nor to the good of the publick , then shall he who is commanded modestly refuse to obey and presently give notice thereof .

If any inferiour officer shal challenge any common Souldier to be guilty of any dishonest action , he shall answer for it before the court as if he were his equall .

If any Souldier horse or foot , shall offer to strike his officer that commands him any dewty or piece of service , he shal lose his hand and be turned out of the quarter , and if it be done in any fort or beleaguered place after the watch is set , he shal lose his life for it ; but if he not only offer but do hurt to any of them , whether in the field , or not he shall be shot to death .

Whosoever in the presence of the Generall shall draw his sword to do mischief with it , shall lose his hand : He who shal in anger draw his sword , while his Colloures are fleeing , either in batell or in march , shall be shot to death : He who shall presume to draw his sword in any court of justice , shall lose his life : He that draws his sword in any strength or fort to do mischief therewith after the watch is set , shal lose his life .

Obedience to the marshalls . VIII . The Provest-marshall-general may apprehend any man by his own authority & keep him in irones or in prison , but by no means may do execution upon him although he be sentenced by the court of war , without first giving notice thereof to the Generall and obtaining warrand for that effect .

The same is to be understood of the Provest-marshals of every regiment and companie : And if anie shall be found to hinder the Provest-marshals when they are to apprehend any man or when they are about to execute any thing that becomes them , they shall not escape unpunished in the martiall court .

Punishment of swearers , drunkards , &c. IX Common & ordinarie profainers of the sabbath , swearers and drunkards , especially such as shall be found drinking in time of prayers or divine service , shall not only be punished in their means , but shall also make their publick repentance in the midst of the congregation , and if they cannot be reclaimed , they shall be casheired and discharged as unworthy to do service in any place of the armie .

Duells and combats forbiden . X No duell or combate shall be permitted to be foughten ; If any man offer wrong to another , it shall bee decided by the officers of the regiment , the challenger shall answer it before the Martiall court . And if any Captaine , Leivtenant or other inferiour officer shall give leave or permission unto any under their command to enter combate , and doth not rather hinder them , he shall be presently casheired from his charge and serve afterward as a common Souldiour : but if any harme be done he shall answer it as deeply as he that did it .

No forceing of women , nor suffering of whoores . XI He that forceth any woman and the matter be proved , he shall die for it .

No whoore shall be suffered in the leaguer , but if any will have his own wife with him , he may .

If any man keep an unmaried woman , he shall either marrie her or be constrained to put her away , and make his repentance for his fault .

Of mustering . XII All Souldiers shall dewly repaire unto the generall musters upon the day and houre appointed , nor shall any Colonell or Captaine of horse or foot keep back his Souldiers from being mustered at the time when the muster masters shall desire to view them , if any refuse , he shall be holden for a mutiner .

No Colonell or Captaine shall lend any of their Souldiers unto another upon the musterdays for the making up of their numbers compleat : he that thus makes a false muster , shal answer it at a martiall court , where being found guilty he shall be proclaimed a deceaver , after which being put out of the quarter his Colours shall flee no more .

If any horsman borrowes either horse , armour , pistols , sadle , sword or harnise to passe the muster withall , so much as is borrowed shal be eschited , and both himself and he that lent it him , shall be turned out of the leaguer , the one half of the armes forfaulted shall go unto the Captaine , and the other half unto the Perforce .

Of marching . XIII . When any march is to be made , every man that is sworn shal follow his colours , whosoever presumes without leave to stay behinde , shal be punished .

If any upon mutinie be found to do it , be they many or be they few , they shall die for it .

Every man is to keep his own rank and file upon the march , and not to put others from their ordour , nor shall any man cast himself behinde , or set himself upon any wagon or horseback : The offenders to be punished according to the time and place .

Of watching . XIV . He that after warning is given by sound of Drum or Trumpet for setting of the watch , doth wilfully absent himself without some lawfull excuse , shall be disgraced and be put to bread and water , or some such punishment as the matter is of importance .

He that is taken sleeping upon the watch to the indangering of the armie , shall be shot to death .

In like sort shall he be punished who drinks himself drunk upon his watch or place of sentinell that he cannot do his dewty , or that cometh off his watch where he is commanded to keep his guaird .

Of unlawfull reteiring . XV. Whatsoever regiment shall once charge the enemie , and then retire afterward from them before they come to dint of sword , shaIl answer it before the high martiall court : and if this be occasioned by any officer , he shall be publickly disgraced , and turned out of the leaguer : If the fault shall be found to be in the Souldiers , then shall every tenth man be hanged and the rest condemned to carry all the filth out of the leaguer , till by some exploit they procure their pardon and recover their reputation ; provided alwaies , if at the first any man can by the testimony of sufficient witnesses prove himself not guilty of the couarddice , he shall go free .

If any occasion be to enter any strength or sconce by assault or breach , he who reteires from the place before he hath been at handy blows with the enemy & hath used his sword so far as it is possible for him to do service with it and before he be by maine strength beaten off by the enemy , shall be so punished as the court shall finde him to have deserved .

Of fleeing and couarddice . XVI . Whosoever runs from his Collours and doeth not defend them to the uttermost of his power so long as they be in danger , shall suffer death for it .

When any occasion of service is , he that first runs away , if any man kill him he shall be free , and if at that time he escape and be apprehended afterward , he shal be proclaimed traitour & put out of the quarter .

Whatsoever ensigne-bearer shall flee out of any place of Battrie , sconce or redoubt before he hath indured three assaults and receives no relieif , shall be in like manner punished , providing alwayes the place be defenceable .