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regiment, by the particular eldership, or kirk session to be appointed, even as useth to be done in every parish in the time of peace: And that there may be an uniformity throughout the whole army, in all matters ecclesiastical, there shall be a general eldership, or common ecclesiastick judicatory, made up of all the ministers of the camp, and of one elder direct from every particular regiment, who shall also judge of appellations made unto them from the particular sessions or elderships.
II. For deciding of all questions, debates, and quarrellings that shall arise betwixt captains and their soldiers, or any others of the army, and for the better observing of camp-discipline, two courts of justice, the one higher, and the other lower, are appointed, wherein all judges are sworn to do justice equally: The higher also to judge of appellations to be made from the lower court. And, if any man shall, by word or gesture, shew his contempt or misregard, or shall fall out in boasting or braving, while courts are sitting, he shall be punished by death. And both these judicatories, as well of the kirk matters, as of war, shall be subject to the general assembly, and committee of estates respective.
III. Whosoever shall wilfully or carelesly absent himself from morning and evening prayers, or from preaching before and after noon on the Lord's day, or other extraordinary times appointed for the worship of God, when the sign is given by sound of trumpet or drum, he shall be censured and punished for his neglect or contempt, by penalty, imprisonment, or other punishment, as his fault deserveth.
After the warning given, there shall be no market, nor selling of any commodities whatsoever, till the prayers or preaching be ended, upon the pain of forfeiting the things so sold, and of the imprisoning of the offenders.
IV. Common and ordinary swearing and cursing, open profaning of the Lord's day, wronging of his ministers, and other acts of that kind, shall not only be punished with loss of pay and imprisonment, but the transgressors shall make their publick repentance in the midst of the congres gation; and, if they will not be reclaimed, they shall, with disgrace, be openly cashiered and discharged, as unworthy of the meanest place
in the army.
V. If any shall speak irreverently against the King's Majesty and his authority, or shall presume to offer violence to his Majesty's person, he shall be punished as a traitor. He that shall speak evil of the cause which we defend, or of the kingdoms, the parliaments, convention of the estates, or their committees in the defence thereof, or shall use any words to the dishonour of the Lord General, he shall be punished with death.
No man shall, at his own hand, without warrant of the committee, or of my Lord General, have, or keep intelligence with the enemy, by speech, letters, signs, or any other way, under the pain to be punished as a traitor. No man shall give over any strength, magazine, victuals, &c. Or make any such motion, but upon extremity, under the same pain. No man shall give supply, or furnish money, victuals, or any commodities to the enemy, upon pain of death.
Whosoever shall be found to do violence against the Lord General, his safeguard, or safe-conduct, shall die for it.
Whosoever shall be found guilty of carelesness and negligence in his service, although he be free of treachery and double-dealing, shall bear his own punishment.
VI. All commanders and officers shall be careful, both by their authority and example, that all under their charge live in godliness, soberness, and righteousness; and, if they themselves shall be common swearers, cursers, drunkards, or any of them at any time shall come drunk to his guard, or by quarrelling, or any other way, shall commit any notable disorder in his quarter, loss of place shall be his punishment: And further, according to the sentence of the court of war.
The captains that shall be negligent in training their companies, or that shall be found to withhold from their soldiers any part of their pay, shall be discharged of their place, and further censured by the court of
No commander or officer shall conceal dangerous and discontented humours, inclined to mutinies, or grudging at the orders given them, but shall make them known to the prime leaders of the army, upon the pain to be accounted guilty of mutiny.
No commander or officer shall authorise, or wittingly permit any soldier to go forth to a singular combate, under pain of death; but, on the contrary, all officers shall be careful by all means to part quarrel. lings amongst soldiers, although they be of other regiments or companies, and shall have power to command them to prison, which, if the soldiers shall disobey, or resist, by using any weapon, they shall die for it.
No captain shall presume at his own hand, without warrant of the Lord General, to cashier, or give a pass to any inrolled soldier or officer, who hath appeared at the place of the general rendezvous; nor shall any commander, officer, or soldier, depart without a pass, or stay behind the time appointed him in his pass; and whosoever transgresseth, the one way or the other, shall be punished at the discretion of the court of war.
VII. All soldiers 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 noise, but be 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 be imprisoned.
No soldier shall leave his captain, nor servant forsake his master, whether he abide in the army or not, but upon license granted, and in an orderly way.
Whosoever shall presume to discredit any of the great officers of the army, 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 lose his hand.
No soldier, nor inferior officer, shall quarrel with, or offer any injury to his superior, nor refuse any duty commanded him, upon pain of cashiering, and to be further censured by the court of war. And, if any shall presume to strike his superior, he shall be 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 he, who is commanded, modestly refuse to obey, and presently give notice thereof to the Lord General.
If any man shall use any words or ways, tending to mutiny or sedition, whether for demanding his pay, or upon any other cause; or, if any man shall be privy to such mutinous speeches or ways, and shall conceal them; both shall be punished with death.
All must shew their valour against the enemy, and not by revenging private injuries, which, upon their complaints to their superior officers, shall be repaired to the full. And if any man presume to take his own satisfaction, or challenge a combate, he shall be imprisoned, and have his punishment decerned by the martial court.
The provost-marshal must not be resisted or hindered, in apprehending or putting delinquents in prison, and all officers must assist him to this end; and if any man shall resist, or break prison, he shall be censured by the court of war.
VIII. Murder is no less unlawful and intolerable in the time of war, than in time of
peace, and is to be punished with death. Whosoever shall be found to have forced any woman, whether he be commander or soldier, shall die for it without mercy. And whosoever shall be found guilty of adultery, or fornication, shall be no less severely censured and punished than in the time of peace.
If any common whores shall be found following the army, if they be married women, and run away from their husbands, they shall be put to death without mercy; and, if they be unmarried, they shall be first marked by the hangman, and thereafter by him scourged out of the army.'
Thieves and robbers shall be punished with the like severity. . If any shall spoil, or take any part of their goods that die in the army, or are killed in service, he shall restore the double, and be further punished at discretion. It is provided, that all their goods be forth-coming, and be disposed of according to their testament and 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 laws of the kingdom.
All shall live together as friends and brethren, abstaining from words of disgrace, contempt, reproach, giving of lyes, and all provocation by word or gesture: He that faileth shall be imprisoned, for the first fault, and, if he be incorrigible, he shall be with shame punished, and put out of the army.
IX. All soldiers shall come to their colours, to watch, to be exercised, or to muster, with their own arms; and, if any soldier shall come with another man's arms, he shall be punished with rigour, and the lender shall lose his arms. All shall come also with compleat and tight arms, in a decent manner, otherwise to be severely punished,
If any man shall sell or give in pawn his horse, his arms, or any part of the ammunition committed to him, or any instruments, as spades, shovels, picks, used in the field, he sball for the first and second time be beaten through the quarter, and for the third time be punished as for other theft: And he that buyeth them, or taketh them to pawn, be be soldier or victualler, shall pay the double of the money, besides the want of the things bought or impawned, and be further punished at discretion.
Whosoever, in a debauched and lewd manner, by cards or dice, or by sloth and inexcusable neglect, shall lose his horse and arms, in whole, or in part, to the hinderance of the service; and whosoever shall wilfully spoil, or break his arms, or any instrument of war committed to him, by cutting down of trees, or any other way, he shall serve as a pioneer, till the loss be made up, and he furnished upon his own charges.
X. No man on his mareb, or at his lodgings, within or without the country, upon whatsoever pretext, shall take, by violence, either horse, cattle, goods, money, or any other thing, less or more; but shall pay the usual prices for his meat and drink, or be furnished in an orderly way upon account, at the sight of the commissary, according to the order given by the committee, upon pain of death, without mercy,
If any man shall presume to pull down, or set on fire, any dwellinghouse, though a cottage, or hew down any fruit-trees, or to waste or deface any part of the beauty of the country, he shall be punished most severely, according to the importance of the fault.
In marching, no man shall stay behind without leave: No man shall straggle from his troop or company: No man shall march out of his rank, and put others out of order, under all highest pains.
any colonel of horse or foot shall keep back his soldiers from the appointed musters, or shall lend his soldiers to make a false muster ; upon trial in a court-martial, he shall be punished as a deceiver. And if any muster-master shall use any false rolls, shall have
hand in false musters, or by connivance, or any other way be tried to be acces sary to them, he shall suffer the like punishment.
XII, No man shall presume to do the smallest injury to any that bring necessaries to the leager, whether by stealing from them, or deceiving them, or by violence in taking their horse or goods, under the pain to be accounted and punished as enemies. No victuallers shall sell rotten victuals, upon pain of imprisonment and confiscation, and further as they shall be judged to deserve.
No soldier shall provide and sell victuals, unless he be authorised, nor shall
any, that selleth victuals, keep in his tent or hutt any soldier at unseasonable hours, and forbidden times, under pain at discretion : Likewise, all the prices thereof shall be set down by the general commisser, and be given to the quarter-master of the several regiments.
XIII. No man enrolled, professing himself, or pretending to be a soldier, shall abide in the army, unless he enter in some company; nor shall he, that hath entered, depart without license, upon pain of death. No man, having license, shall stay beyond the time appointed him, upon pain of loss of his pay during the time of his absence, and further punishment, at discretion. If any man, in a mutinous way, shew himself discontented with the quarter assigned him, he shall be punished as a mutineer. And, if any man shall stay out of his quarter, or go without shot of cannon, being intrenched, but one night, without leave of his superior officer, he shall be cashiered.
All that are absent from the watch, after the sign is given for the setting thereof, shall be severely punished. He that revealeth or falsifieth the watch-word given by the officer, within the trenches, or before the colours: He that is taken sleeping or drunk upon his watch: He that cometh off the watch before the time, every one of those shall be punished with death.
Whosoever shall assemble themselves together for taking mutinous counsel upon whatsoever pretext; they all, whether officers or soldiers, shall suffer death.
XIV. Every man, when the alarm is given, shall repair speedily to his colours; no man shall forsake or flee from his colours.
No man, in the country, shall reset them that flee.
No man, in the battle, shall throw away his musket, pike, or bandelier, all under the pain of death.
Whatsoever regiment of horse or foot, having charged the enemy, shall draw back or flee, before they come to stroke of sword, shall
' answer for it before a council of war; and whosoever, officer or soldier, shall be found to be in the default, they shall be punished by death, or some shameful punishment, as the council of war shall find their cowardice to deserve.
XV. If it shall come to pass, that the enemy shall force us to battle, and the Lord shall give us victory, none shall kill a yielding enemy, nur save