Articles and ordinances of warre for the present expedition of the armie of the kingdome of Scotland. By his Excellence, the Lord Generall of the armie.

ARTICLES AND ordinances of Warre , &c.

THAT no man pretend ignorance ; The publishing of the Articles andordinances of warre . and that every one may know the duetie of his place , that hee may doe it : The Articles and Ordinances following , are to be published at the general randezvous in every regiment apart , by the Marshals of the severall Regiments , & in the presence of all the Officers . The same shall afterward be openly read to every Companie of Horse and foot , and at such times as shall be thought most convenient by the Lord Generall : and in like manner shall bee made knowne to so many as joyne themselves to be professed Souldiours in the Armie . For this end , every Colonell and Captaine shall provide one of those Bookes , that hee may have it in readinesse at all occasions , and every Souldiour shall solemnely sweare this following oath ,

The oath of Souldiours . I N. N. promise and sweare to be true and faithfull in my service to the Kingdome of Scotland , according to the heads sworne by me in the Covenant . To honour and obey my Lord Generall , and all my Superiour Officers and Commanders , and by all meanes to hinder their dishonour and hurt : To observe carefully all the Articles of warre and Campe discipline : never to leave the defence of this Cause , nor slie from my Colours so long as I can follow them : To be ready to watching warding and working , so far as I have strength : To endure and suffer all distresses , and to fight manfully to the uttermost , as I shall answere to GOD , and as GOD shall helpe mee .

I. Kirk discipline shall be exercised , and the poore cared for in every Regiment , Kirk discipline . by the particular Eldership , or Kirke Session to be appointed , even as useth to bee done in every parosh in the time of peace : And that there may bee an uniformitie throughout the whole Armie in all matters Ecclesiasticall ; there shall bee a generall Eldership , or common Ecclesiasticke judicatorie , made up of all the Ministers of the Campe , and of one Elder direct from every particular Regiment , who shall also judge of appellations , made unto them from the particular Sessions or Elderships .

Councels of w●● . II. For deciding of all questions , debats and quarrellings , that shall arise betwixt Captaines and their Souldiours , or any others of the Armie , and for the better observing of Campe Discipline , two courts of Justice , the one higher and the other lower , are appointed , wherein all Judges are sworne to doe Justice equally : The higher also to judge of appellations to bee made from the lower court . And if any man shall by word or gesture show his contempt or mis-regard , or shall fall out in boasting or braving , while Courts are sitting , hee shall bee punished by death . And both these Judicatories as well of the Kirke matters as of warre , shall be subject to the councell of Estate , and generall Assembly respective .

Dueties to God . III. Whosoever shall wilfully or carelesly absent himselfe from morning and evening prayers , or from preaching before and after-noone on the Lords day , or other dayes of the weeke , when the signe is given by sound of Trumpet , or Drum , hee shall bee censured and punished for his neglect or contempt , by penaltie , imprisonment , or other punishment , as his fault deserveth .

After the warning given , there shall bee no Market , nor selling of commodities whatsoever , till the Prayers or Preaching be ended , upon the paine of fore-faulting the things so sold , and of the imprisoning of the offenders .

IIII. Common and ordinarie swearing and cursing , open prophaning of the Lords day , wronging of his Ministers , and other acts of that kinde , shall not only bee punished with losse of pay , and imprisonment , but the transgressours shall make their publicke repentance , in the midst of the Congregation , and if they will not bee reclaimed , they shall with disgrace bee openly casseered , and discharged as unworthie of the meanest place in the Armie .

V. If any man shall open his mouth against the Kings Majesties person , or Authoritie , Duetie to King Countrie and Generall . or shall presume to touch his sacred Person , hee shall bee punished as a traitour . Hee that shall speake evil of the Cause which wee defend , or of the Kingdome and Countrey in the defence thereof , or shall use any words tending to the dishonour of the Lord Generall , hee shall bee punished with death .

No man shall at his owne hand , without warrant of my Lord Generall , have or keepe intelligence with the enemie , by speach , letters , signes , or any other way , under the paine to bee punished as a traitour . No man shall give over any Strength , Magazin , victuall , &c. Or make any such motion , but upon extremitie , under the same paine . No man shall give supply , or furnish money , victuall , or any commodities to the enemie , upon paine of death .

Whosoever shall bee found to doe violence against the Lord Generall his Safe-guarde , or safe-conduct , shall die for it .

Whosoever shall bee found guiltie of carelesnesse and negligence in his service , although he be free of treacherie and double dealing , shall beare his owne punishment .

VI. All Commanders and Officers shall bee carefull , Dueties of Superiours . both by their authoritie and example , that all under their charge , live in godlines , sobernesse , and righteousnesse : and if they themselves shall be common swearers , cursers , drunkards , or any of them at any time , shall come drunke to his Guarde , or by quarrelling , or any other way shall commit any notable disorder in his quarter , losse of place shall bee his punishment : And further , according to the sentence of the court of warre .

The Captaines that shall be negligent in training their Companies , or that shall bee found to withhold from their Souldiours any part of their pay , shall bee discharged of their place , and further censured by the court of warre .

No Commander or Officer shall conceal dangerous & discontented humours , inclined to mutinies , or grudging at the orders given them , but shall make them knowne to the prime Leaders of the Armie , upon the paine to bee accounted guiltie of mutinie .

No Commander or Officer shall authorize or wittingly permit any Souldiour to go forth to a singular combat , under paine of death ; But on the contrarie , all Officers shall be carefull by all meanes to part quarrellings amongst Souldiours , although they bee of other Regiments , or Companies , and shal have power to command them to prison , which if the Souldiours shall disobey or resist by using any weapon , they shall die for it .

No Captaine shall presume at his owne hand , without warrant of the Lord Generall , to casseere or give a Passe to any enroled Souldiour , or Officer who hath appeared at the place of the generall Randezvous ; nor shall any Commander , Officer , or Souldiour depart without a Passe , or stay behinde the time appointed him in his Passe , and whosoever transgresseth the one way or the other , shall bee punished at the discretion of the Court of Ware .

Dueties of Souldiours . VII . All Souldiours shall remember that it is their part to honour and obey their Commanders and therefore shall receive their commands with reverence , and shall make no noyse , but bee silent , when the Officers are commanding or giving their directions , that they may be heard by all , and the better obeyed he that faileth against this , shall bee imprisoned .

No Souldiour shall leave his Captaine , nor servant forsake his master , whether hee abyde in the Army or not ; but upon licence granted and in an orderly way .

Whosoever shall presume to discredit any of the great Officers of the armie , by writ , word , or any other way , and be not able to make it good , and whosoever shall lift his weapon against any of them shall be punished by death ; and whosoever shall lift his hand against any of them , shall losse his hand .

No Souldiour nor inferior officer shall quarrell with , or offer any injurie to his Superiour , nor refuse any duety commanded him upon paine of casseering , and to be further censured by the court of warre . And if any shall presume to strike his Superiour , hee shall bee punished with death . But if it shall happen that any Officer shall command any thing to the evident and known prejudice of the publick , then shall hee who is commanded modestly refuse to obey , and presently give notice therof to the Lord Generall .

If any man shall use any words or wayes , tending to mutinie or sedition , whither for demanding his pay , or upon any other cause , or if any man shall bee privie to such mutinous speaches , or wayes , and shall conceal them ; both shall bee punished with death .

All must show their valour against the enemie , and not by revenging their private injuries , which upon their complaints to their superiour Officers , shall be repared to the full . And if any man presume to take his owne satisfaction , or challenge a combat , hee shall bee imprisoned , and have his punishment decerned by the marshall court .

The Provost marshall must not bee resisted , or hindred in apprehending , or putting delinquents in prison , and all Officers must assist him to this end , and if any man shall resist or breake prison , he shall be censured by the court of warre .

Dueties to others . VIII . Murther is no lesse unlawfull and intollerable in the time of warre , then in the time of peace , and is to bee punished with death .

Whosoever shall bee found to have forced any woman , whither hee bee Commander or Souldiour , shall die for it without mercie . And whosoever shall bee found guiltie of adulterie or fornication , shall bee no lesse severly censured and punished then in the time of peace .

Theeves and robbers shall be punished with the like severity . If any shall spoile , or take any part of their goods that die in the Armie , or are killed in service he shall restore the double and be farther punished at discretion . It is provyded that all their goods be foorth comming and be disposed of according to their testament , & will declared by word or writ before witnesses , or if they have made no testament , to their wives , children , or nearest kindred , according to the lawes of the Kingdome .

All shall live together as friends and brethren , abstaining from words of disgrace , contempt , reproach , giving of lies , and all provocation by word or gesture : Hee that faileth , shall bee imprisoned for the first fault , and if hee bee incorrigible , hee shall bee with shame put out of the Armie .

Concerning armes . IX . All Souldiours shall come to their Cullours , to watch , to be exercised , or to muster , with their owne Armes , and if any Souldiour shall come with another mans Armes , hee shall bee punished with rigour , and the lender shall losse his Armes . All shall come also with compleat and tight Armes in a decent maner , otherwise to be severly punished .

If any man shall sell , or give in pawne his horse , his armes , or any part of the ammunition comitted to him , or any instruments , as Spades , Shovels , Pickes used in the field , hee shall for the first and second time bee beaten , through the quarter , and for the third time bee punished as for other thift : And hee that buyeth them , or taketh them to pawne , be hee Souldiour , or Victualler , shall pay the double of the money , beside the want of the things bought or impawned , and be further punished at discretion .

Whosoever in a debauched and leud manner by Cards or Dyce , or by sloath , and unexcusable neglect , shall losse his horse , and armes in whole , or in part to the hinderance of the service ; And whosoever shall wilfully spoile , or breake his Armes , or any instrument of warre committed to him , by cutting downe of trees , or any other way , hee shall serve as a pioner , till the losse be made up , and he furnished upon his owne charges .

Concerning marching . X. No man on his march , or at his lodging within or without the countrey upon whatsoever pretext , shall take by violence either horse , cattell , goods , money , or any other thing , lesse , or more , but shall pay the usuall pryces for his meat and drinke , or bee furnished according to the order given by the Lord Generall upon paine of death , without mercie .

If any man shall presume to pull down , or set on fire any dwelling house , though a Cottage , or hew downe any fruite-trees , or to waste , or deface any part of the beautie of the countrey , hee shall bee punished most severly , according to the importance of the fault .

In marching , no man shall stay behinde without leave : No man shall straggle from his Troup or Companie . No man shall march out of his ranke , and put others out of order , under all highest paine .

Of musters XI . If any Colonell of horse or foot shall keepe back his Souldiours from the appointed musters , or shall lend his Souldiours to make a false muster , upon tryal in the court Marshal , he shal be punished as a deceiver . And if any Muster-master shall use any false Rols , shall have any hand in false Musters , or by connivence , or any other way be tryed , to be accessory to them , he shal suffer the like punishment .

Victuallers . XII . No man shall presume to doe the smallest injurie to any that bring necessaries to the Leager , whither by stealing from them , or deceiving them , or by violence in taking their horse or goods , under the paine to be accounted & punished asenemies . No Victualler shal sell rotten victuals , upon pain of imprisonment and confiscation , and futher as they shall bee judged to deserve .

No Souldiour shall provide and sell Victuals , unlesse he be authorized , nor shall any that selleth Victuals , keepe in his Tent or Hutte , any Souldiour at unseasonable houres , and forbiden times , under paine at discretion , Like-as , all the pryces thereof shall be set down by the generall Marshall , and be given to the Marshall of the severall Regiments .

Dueties in the Campe. XIII . No man enrolled professing himselfe or pretending to be a souldiour shall abide in the Army , unlesse he enter in some Company , nor shall he that hath entered depart without licence upon the paine of death . No man having licence shall stay beyond the time appointed him upon paine of losse of his pay during the time of his absence , and further punishment at discretion . If any man in a mutinous way show himself discontent with the quarter assigned him he shall be punished as a mutiner . And if any man shall stay out of his quarter or goe without shot of cannon being intrinshed , but one night , without leave of his superiour officer he shall be casseerd .

All that shall be absent from the watch after the signe is given for the setting thereof shall be severely punished . He that revealeth or falsifieth the watchword given by the officer , within the trinches , or before the cullours : He that is taken sleeping or drunken upon his watch : he that cometh off the watch before the tyme , every one of those shall be punished with death .

If any number of Souldiours shall assemble together , for taking mutinous counsell upon whatsoever pretext : The Officers joyning with them , shall suffer death : The tenth man of the Souldiours shall be hanged , and the rest condemned to bee pioners , and to purge the Campe , till by some exploit they procure pardon , and redeeme their reputation .

Dueties in Battell . XIIII . Everie man when the Alarum is given , shall repaire speedily to his Cullours ; no man shall forsake or flee from his Cullours .

No man in the countrey shall receit them that flee .

No man in the Battell shall throw away his Musket , Pick , or Bandileir , all under the paine of death .

Whatsoever Regiment of horse or foot , having charged the enemie , shall draw backe , before they come to stroke of sword , shall answer for it before a councel of war : And if it be through default of any Officer , hee shall bee censured by the Councel of warre . If the fault be in the Souldiours , the tenth man shall bee punished with death , and the rest put to base service , till by their valour they prove themselves worthie of a better condition .

Dueties after Battell . XV. If it shall come to passe , that the enemie shall force us to Battell , and the Lord shall give us victorie , none shall kill a yeelding enemie , nor save him that still pursueth , upon paine of death . Neither shall there be any ransoming of persons , spoiling , pillaging , parting of the prey , or wasting and burning by fire , or disbanding from their charges , or Officers , but as the Lord Generall shall give order upon the same paine of death .

Rewards for the wel-deserving . XVI . Every mans carriage shall bee diligently observed , and hee according to his merite rewarded or punished : And whatsoever Officer or Souldiour shall carrie himselfe duetifully in his station , and doth his part valiantly , in Battell or fight , shall after the laudable example of the wisest , and worthiest Kingdomes and Estates , have his honour and reward according to his worth and deserving , whither hereafter we have peace or warre .

Matters that are cleareby the light and law of Nature are presupposed : Things unnecessarie , are past over in silence : and other things may be judged by the common customes and constitutions of warre , or may upon new emergents , bee expressed afterward .

FINIS .