LAW AND ORDERS OF WAR. M.DC.XLIII. Established for the conduct of the Army designed for the expedition of ULSTER. IN HOC SIGNO VINCES. CASTLEHAVEN AUDLY. Printed at Waterford by Thomas Bourke, Printer to the Confederate Catholics of IRELAND 1643. BY THE GENERAL. Laws and Orders of War, established for the good Conduct of the Army designed for the Ulster Expedition. JAMES Earl of Castle-haven and Lord-Audley, general of the Army for the Ulster expedition, To the Lieutenant general. Sergeant-maior General, the Colonels, Lieutenant Colonels, Sergeant-maiores, Captains, and all other Officers and Soldiers of Horse and Foot in the Army, and to all the Confederate Catholics and others, whom these Laws and Orders ensuing shall concern, which Laws and Orders hereby published under my hand, I require all the said persons respectively, and severally in this Army, or quarters of the Confederate Catholics of this kingdom, to observe and keep, on the pains and penalties, as by these presents are expressed. Prayers to be frequented. First, I do straight charge and command all Commanders, and Officers of the Army, to see that Almighty GOD be duly and reverently served, by often frequenting the Sacraments, & daily hearing of Mass, And those that often, and wilfully neglect this great good be duly punished. Blalphemy. 2. Let no man speak impiously & maliciously against the Holy and blessed Trinity, or any of the Three Persons, God the Father, God the Son, and God the Holy Ghost, Heresy. or against the known Articles of the Catholic Faith, upon pain of death. Profanation. 3. No man shall take Gods holy name in vain, or use unlawful Oaths or Execrations ●r commit any scandalous act to the derogation of God's honour, upon pain of the loss of his pay, imprisonment, and such further punishment, as a Marshal Courtshall think his offence deserves. Traitorous words. Disobedience to Commanders. 4. No man shall use any Traitorous words against his Majesty's sacred Person, or Royal Authority, upon pain of death. 5. No man shall speak, or practise any thing to the dishonour or destruction of the Supreme Council of the Confederate Catholics of Ireland, on pain of death. Disobedience to Commanders. Mutiny Not repairing to the Rendezvous. Extortion, etc. upon a March. 6. No man shall offer any violence against, or contemptuously disobey his Commander, or do any act, or speak any words which are like to breed any Mutiny in the Army, or Garrison, or impeach the General, Lieutenant General, or principal Officers directions on pain of death. 7. No man shall wilfully, or thorough gross ignorance, fail in coming to the Rendezvous, or Garrison assigned to him by the General, or other principal Officer, that commands the Army, upon pain of death. 8. No Captain, Officer, or Soldier, of Troop, or Company, on their March thorough any Country within our quarters, or which shallbe in peace or Cessation with us going to any Garrison, or place of Service, shall upon any pretence of want whatsoever, commit any waste, spoil, or violence, or extort any victuals, Money or pawn in lieu of victuals, from any good subject whatsoever, but shall content themselves with meat and drink competent, paying the usual & accustomed Rates for the same, upon pain of death. But, if in time of open action, by occasion of any March thorough the Country the Soldier shallbe in want, than the Officer, shall seek and provide such diet and lodging for them as shallbe thought fit, at reasonable Rates heretofore accustomed, for the which, the Captain or Officer, shall give ready Money, or for want thereof deliver his Ticket, to be satisfied upon his Entertainment. Persons not in●olled in ●he Army. Not repairing to the Colours. Holding Intelligence with, or Relieving the Enemy. 9 No man that carries Arms, or pretends to be a Soldier, shall remain three days in the Army, after it is on foot, except he be enrolled in some Company, on pain of death. 10. No man shall fail immediately to repair unto his Colours (except upon evident necessity) when an Alarm is given, upon pain of death. 11. No Officer or Soldier whatsoever shall have conference or Intelligence with any enemy, or Rebel, that is in open action against his Majesty, or the Confederate Catholics, or harbour, or receive any such within the Camp, or in any Town, Fort, Castle or Garrison, or shall send, or procure to be sent, any victual, Ammunition, or other relief to any Enemy, or Rebel in action; Neither shall do any other thing to the danger, or prejudice of the Army; or being acquainted therewith, shall conceal the same from the chief Officer, upon pain of death: Only such as shall be avowed, and warranted thereunto by me, or those that command the Army-in my absence, may speak, confer, have Intelligence, Revolting to the Enemy. Departing from captain. Entering, or going out of the Camp by unusual ways. Watchword. Sentinel & watch. Drawing sword after the watch set False Alarm or Noise in the night. Murder or private quarrel. Officers of the Watch suffering Duels. seditious words. Unlawful assembly. Mutinous demand of Pay. Abuse to bringers in, of Victual. or converse with the enemy, or rebel, for the advantage of his Majesty's service. 12. No man shall run to the Enemy, or Rebel, that is in action, or departed the Army, from the Garrison, or Colours, without licence, upon pain of death. 13. No Soldier shall departed from his Captain without licence, though he serve still in the Army, upon pain of death. 14. No man shall enter, or go out of the Army, or Garrison, but by ordinary ways, upon pain of death. 15. No man shall make known the watchword to the Enemy, or any other, but by Order, nor give any Word, other than is given by the Officer, on pain of death. 16. No man being set Sentinel by his Officer, shall sleep, depart, or forsake his place, without being Relieved, or drawn of by the Officer that placed him; Nor any other person being placed upon his watch, shall neglect his duty commanded by his Officer, upon pain of death. 17. No man shall presume to draw his Sword, without Order, after the watch is set, upon pain of death. 18. No man shall give a false Alarm, or discharge a piece in the night, or make any noise without lawful cause upon pain of death 19 No man shall commit any Murder, or kill any person, or draw blood of any, or draw Sword in private quarrel, with intent to offer violence within the Camp, or Garrison, upon pain of death. 20. No Corporal, or other Officer, commanding the Watch, shall wittingly suffer a Soldier to go forth to private fight, upon pain of death. 21. No person shall rehearse seditious words in the presence of private Soldiers without Order, upon pain of death. 22. No persons shall make any unlawful assembly, or be present or assisting thereunto, upon pain of death. 23. No man shall demand Money, with an unlawful assembly, or by other way, tending to Mutiny, more especially, upon Marching towards an Enemy, or upon the execution of any Enterprise, on pain of death. 24. No man shall outrage, or do any violence to any that come to bring victuals to the Army, or Garrison, upon pain of death. Deceit in Victual, or Ammunition. 25. No providor, keeper, or Officer of the Confederate Catholics victual, or Ammunition shall wilfully corrupt, or imbeazell any part thereof, or give any false account to the General, with a purpose to deceive the Confederate Catholics, or to hinder the service, upon pain of death. 26. No Soldier in Musters shall answer for another, False Muster. or take two pays, or Muster in a false name to defraud his Majesty, upon pain of death. Spoil, or sale of Ammunition. Selling, or pawning of Arms. Robbery, or stealth. Betraying Castles, forts &c. Flying from Colours etc. Departing a mile from the Army. Breach of Order in Chase, etc. Purloining of Prey, or Spoil. Ransoming of Prisoners. 27. No person shall sell, spoil, or carry away any Ammunition, upon pain of death. 28. No Sonuldier shall sell, or lay to pawn his Horse, or Hackney or any part of his Furniture, Arms, or Apparel, for any respect, or pretence of want whatsoever, upon pain of death. 29. No man shall steal, or take by force any Treasure, victual, or Ammunition of his Majesties; or take by force, or steal from any person, any Money, Arms, apparel, or other goods, being above the value of xij. d. in Marching, camp, or garrison, upon pain of death. 30. No man shall deliver any Town, Castle, Fort, or Sconce, without warrant; Or depart from any straight, or passage, which he is commanded to make good; or take passport of the Enemy, or any Rebel in action, or make any ignominious composition with the Enemy, or Rebel in action, upon pain of death. 31. No man shall throw away his Arms, or abandon his Ensign, Cornet, or Guidon, or fly away in any Battle, or Skirmish, upon pain of death: 32. No man shall departed a mile out of the Army, or Camp, without licence, upon pain of death. 33. No Soldier shall break his Order, to follow rout, or chase or to seek any prey, or spoil, except he be commanded by such as have authority, or further than he is so commanded, upon pain of death. 34. No Officer or Soldier, whensoever any prey, or spoil shall be taken from the enemy, either when the Army is in the field, or by any residing in the Garrison shall attempt to imbeazell, or purloin any part thereof, but shall endeavour themselves to the uttermost of their powers, to keep the same together, to be disposed at the direction of me the General, or any other by me thereunto authorized, upon pain of death. 35. No Captain, Officer, or Soldier, or any other that shall take any prisoner, shall presume to deliver him upon any Ransom, or conceal him, but within four and twenty hours, he shall make the same known unto me, or other chief Commander, and deliver the same prisoner under the charge of the Provost Martial, upon pain of death. 36. No man shall Ravish, Rape. or Force any woman upon pain of death. Burning of houses Corn, etc. 37. No Soldier shall burn any house, or lodging, or burn, or wilfully spoil any Corn, Ship, or Boat, or Carriage, or any other thing that may serve for the Provision of the Army or his Garrison, without he be commanded so to do by me, or some principal Officer of the Army, upon pain of death. Resisting Provost Marshals or other Officers. Breaking of prison. Adultery. violence. 38. No man shall resist, or offend any provost Marshal, or other Officer in the execution of his office, by rescuing offenders, upon pain of death. 39 No man that is committed, shall break Prison, upon pain of death. 40. No man shall commit adultery or fornication, upon pain of imprisonment, banishment from the Army, or such other penalty, as by the Marshal's Court shall be thought meet. 41. No man shall beat, threaten, or dishonestly touch any man, woman or Child, upon pain of punishment, according to the quality of the offence. 42. No Soldier serving-on foot, shall carry any Boy, nor any woman shall be suffered to follow the army, Boys, or women. upon pain of such punishment, as shall be inflicted by me the Lieutenant General, or other officer. 43. Every Soldier or Officer that shall be found drunk shall be committed to prison for the first offence, Drunkenness. and if he fall into it the second time, being a private Soldier, he shall besides his imprisonment forfeit two months pay: If he be an Officer he shall lose his place. The third time a common-souldier shall have such greater punishment, as a Marshal Court shall order. Affronts & Challenges. 44. No man shall give any disgraceful words, or commit any act to the disgrace of any person in the Army, Garrison or any part thereof, upon pain of imprisonment, public disarming, & banishment from the Army, as men for ever disabled to carry any Arms. And as I do forbid all men under my command to renew any old quarrels or to begin any new; so I do acquit and discharge all men that have quarrels offered or challenge made to them, of all disgrace or opinion of any disadvantage, since they do but the duties of Soldiers, which ought to subject themselves to Marshal discipline. And they that provoke them, shallbe proceeded withal, as breakers of all good discipline, & enemies to the good success of the service. Weak Companies. Deceit in Muster. 45. No Captain shall through corruption, or wilful or gross negligence suffer his company to grow weak upon pain of imprisonment, loss of his place, & ignominious banishment from the army. 46. No Captain, Lieutenant, or other Officer of the Army, shall in the Tender, representment of their Musters use any fraud, practice, or deceit whereby the Muster-Master, his Deputies, or the Commissaries may be misled, mistaken, or prevented of the due understanding of the true estate of that company, upon pain of loss of his place, and such other ignominious punishment, as by a Marshal's Court shall be thought meet. Unequal cheques. 47. No Muster-Master shall either for favour, friendship, or other by respect whatsoever, impose a less or greater Check upon any Captain or Officer, than his default shall justly merit, or any Check at all, where no defect, or default shall appear upon due view taken of the company; Cheques without view. and that no Check shallbe imposed by discretion with out view, upon pain that every offender, who shall be found to transgress in all, or any part of this article, shall forfeit his place which he holdeth, and be further subject to such corporal, or pecuniary punishment, as by the discretion of a Marshal Court shall be thought convenient. Defects certified, not Supplied. 48. Every Cataine shall have a list of all the defaults in Apparel, Arms or training certified by the Muster-Master, or the Commissaries authorized for Musters sent unto him, attested under their hands; whereupon the said Captain shall presently take Order, that the same be fully supplied, before the Muster than next ensuing such notice given him thereof; and every Captain sailing in his duty herein, shall for the first neglect have one months pay defalked out of his entertainment, And if he continue the said neglect with out amending, and supplying the same, he shall be discharged of his place and command. Neglect in training. 49. All Captains shall be diligent in training their Companies, and shall be careful in governing them well, and in providing for them according to the orders published for the Musters; and also shall see in all services, that they do the duties of Soldiers, as they will hope for favour or advancement, or escape ignominious discharging from their charges. Arms Vn-Fixt. 50 No Soldier shall appear with his Arms unfixt, or undecently kept, upon pain of punishment according to the Officers good discretion. Defect of Arms. 51. No Soldier shall come, not fully armed to his Colours, being to watch, or to be exercised, upon pain of being punished, according to discretion. Nonresidence in Garrison. Orderly Quarters 52. No Captain, or Officer shall without express licence in that behalf signified, remain or abide forth of his place, assigned unto him by me for his Garrison, upon pain of death. 53. All Captains, or other Officers, that for the time shall have command of Troop or Company, shall see them orderly quartered as they are appointed, and as they are commanded, upon pain of the loss of their places. 54. Every private man and Soldier, Silence. upon pain of imprisonment shall keep silence, when the Army is to take lodging, or when it is Marching or Imbattailling, so as the Officers may be heard and their commandments executed. Goods of the dead. 55. No man shall spoil, or take the goods of any that dieth, or is killed in the service, upon pain of restoring double the value, but the goods of such as die in the Army or Garrison, if they make any will by word or writing, shallbe disposed of, according to their will. If they make no will; shallbe distributed to the hurt, sick, and poor, of the Company whereof the Soldier was, or shall go to the Hospital of the Army. Buying, or taking to pawn of arms. 56. No inhabitant in Town or Country, shall presume to buy or take to pawn, any Horse, or Hackney of any Soldier, or any part of his Furniture, Arms, or apparel, for any respect or pretence whatsoever, upon pain of forfeyting the double value thereof, and to suffer imprisonment, until he shall restore the goods so unduly Bought, or taken to Pawn. Losing of Arms by Negligence. 57 If any Horseman shall lose his Horse or Hackney; or Footman, any part of his Arms, by negligence, or lewdness, whereby he shall be unable to discharge the duty of his place, then until he shall recover the same, or furnish himself with as good, he shall remain in the state and condition of a Pioneer, or sustain further punishment at my discretion, or other Officer thereunto authrized. Unwholesome Vctualls. Unseasonable ●oures at Victualling house's. Soldiers not to be Victuallers. Captains not to give Passport. cashiering of Soldiers Entertaining Run aways. 58. No victualler shall presume to issue, or sell unto any of the Army, unsound, unsavoury, or unwholesome victuals, upon pain of imprisonment, and such other punishment, as by a Marshal Court shallbe thought fit to be imposed on him, or them that shall so offend. 59 No victualler shall entertain Soldiers at unseasonable hours, upon pain of being severely punished. 60. No Soldier shall be a victualler without the consent of the chief of the Army, on pain of punishment according to discretion. 61. No Captain shall give Passport to any Officer or Soldier under his command without my leave. 62. No Captain or other Officer of the Army shall discharge, or Cashier any Soldier entered in his Majesty's List of this his Army without my privity and allowance, and my special warrant in that behalf: unless it be by the privity and allowance of the Officers of the Musters, upon the public days of Muster. 63. No inhabitant of City Town, or country shall presume to receive any Soldier into their service, no having a sufficient authority, neither shall any conceal, or hid any such runaway, or use means to convey them out of the kingdom, or to any other secret place, but shall apprehend all such, and deliver them ever to the Provost Martial, upon pain of imprisonment, as shall be thought fit by the chief commander to be inflicted. Detecting, etc. of Offenders. 64. All Captains, Officers, and Soldiers, shall do their endeavours to Detect, Apprehend, and bring to punishment all Offenders, and shall assist the Officers of the Army for that purpose, as they will answer their Slackness, and be censured in the Marshal's Court. 65. All other Faults, Disorders, and Offences, that are not mentioned in these Articles, Faults in general, provided against. shall be punished according to the General customs; and Laws of War; and therefore it is by me commanded, that all men look to their charge, and he that hath no charge, to look to his own carriage, as he will answer the contrary. 66. Finally, the Lieutenant General of the Army, Sergeant Major General, the Colonels, Captains, and all other officers of the Confederate Catholics within this Kingdom, whom it may concern, are hereby required to observe these Laws, and to see them put in due execution from time to time. These Laws and Orders I require every Captain in the Army to cause to be read in the head of their several Companies forthwith, and the chief Officer of every Regiment are required to see to the careful performance and observation aswell of this Direction, as of all the said Laws and Orders. CASTLEHAVEN AUDLY. FINIS.