or souldier shall desire it, hee may appeale vnto the chiefe offi-. cer of the Garrison, or vnto the Marshall, if hee shall be present to ludge of the equity of the satisfaction. And if any Lanceprizado, Corporall, or other officer, shall happen to bee present, or shall take knowledge of any such offence offered of one partie, or Quarrell sought and accepted of more parties, he shall presently cause the partie, or parties so offending to bee committed to prison, that due execution may follow, as is formerly prouided. And if any Lanceprizado, Corporall, or superior of ficer shall neglect his or their duty, or duties heerein appointed, by not bringing the offender, and their offences, to the knowledge of the superior office, that satisfaction as aforesaid, vpon the fault committed, may orderly follow, the officer so offending, shal for his first omission, negligence, and contempt, suffer ten daies Imprisonment, for the second twenty, and for the third losse of his place, and to bee put to the duty of a Centinell: And if any officer or Souldier shall be present when two or more shall draw weapons, with intent to fight, or shall fight, they shall presently doe their best to part them, and if he be an officer he shall commit them, or put them vnder safe guard to bee committed, and if hee bee a priuate souldier, hee shal giue notice to the prouost, marshall, or vnto the first officer that he shal meet with, of the parties offending, who shall presently take order, that they may be apprehended, and committed to the Prouost Martialcy, and if any officer or souldier, shall happen to see any officer or souldier so fighting, and shall not doe his best to part them, without fauouring one part or other, hee shall bee punished at the discretion of the officer in chiefe, and the punishment shall extend to the taking away of life, if the cause shal so require, and if any officer, or souldier shall know of any purpose in any to fight, and shall not stay them, or discouer them to such officers, as are competent to stay them, but that they goe to fight, and doe accordingly fight, that officer, or souldier shall bee taken, and shall bee punished cleerely and in the same sort, as the offence deserueth punishment betweene them fighting.

14 That officer, or Souldier that shall challenge another to fight, and hee that shall carry any Challenge, knowing it to be a Challenge, and he that accepteth any such Challenge with a purpose and returne of answere, to meete the saide Challenger to fight with him, in this case they shall all three be held alike culpable, and lie subiect to the Censure of a Martiall Court.

15 That officer who shal command the guard and let such Challengers and Challenged, passe the ports, vpon his knowledge

to

to fight, shall be casseird, and if the officer be vnder the degree of a Captaine, hee shall bee put to doe the duty of a Centinell.

16 No officer shall strike any souldier, for any thing, not concerning the order, and duty of seruice, and the publique worke of the Colony, and if any officer shall so doe, hee shall bee punished as a priuate man in that case, and bee held vnworthy to command, so peruerting the power of his place and authority.

17 No man shall be Captaine of the watch at any time, vnder the degree of an Ensigne.

18 He that shall take the name of God in vain or shall play at Cards or dice, vpon the Court of guard, for the first time so offending, he shall bee committed to prison, there to lie in Irons for three daies, for the second time so offending, hee shall be whipt, and for the third time so offending hee shall bee condemned to the Gallies for one yeere.

19 Hee that shall absent himselfe from the Court of Guard; vppon his watch aboue one houre without leaue of his Corporall or superior officer, shall for his first time so offending, at the relieuing of the watch bee committed to prison, and there to lye in Irons for 3. dayes, for the second time he shall be committed to prison and there lye in irons for one weeke, and haue his entertainement checkt for one weeke, and for the third time, hee shall be committed to the Gallies for sixe moneths.

20 He that shall swagger, and giue iniurious words vpon the court of guard, for the first offence, hee shall aske forgiuenesse vpon his knees, of the officers, and rest of the Guard, before the Captain of the watch at that time: for his second time so offending, he shall bee committed to the Gallies for one yeere.

21 He that draweth his sword vpon the Court of Guard, shall suffer death by the Armes which he weareth.

22 Hee that should draw his sword in a towne of Garrison, or in a Campe shall lose his right hand.

23 That souldier that shall goe out of the Fort, Towne or Campe, other then by the ordinary guards, issues, waies, or ports, shall suffer death by the Armes which he carrieth.

24 He that shall abuse and iniurie the Serieant Maior, the prouost Marshall, either by word, or deede, if hee bee a Captaine, hee shall be casseird, if a Souldier he shall passe the pikes.

25 When the Officer or Souldier shall haue committed any Crime, or haue made breach of the publique Lawes, his Captaine shall commit him vnto the serieant Maior, who hauing taken his examination, shall send him to the Prouost Marshall,

committed

committed vnto prison, that he may bee brought to be censured by a court Marshall.

26 No Souldier shall withstand or hinder the Prouost Marshall, or his men in the execution of his office, vpon paine of death.

27 All Captaines, Lieutenants, Serieants, and Corporals, shall be diligent at conuenient times, to traine and exercise their Companies, & shall haue a care of their Armes, as they tender their entertainment, and vpon paine of casseiring, and other corporal punishment, as shall be inflicted by vertue of a Marshall court.

28 No man shall goe twelue score from the quarter, his colours, towne or fort, without leaue of his Captaine, vpon paine for the first time of whipping, for the second offence to be committed to the Gallies for one yeare, and for the third offence to suffer death.

29 No man shall sell, giue, imbezell, or play away his Armes, or any part thereof, vpon paine of death.

30 No common Souldier shall sell, or make away any of his apparell, which is deliuered unto him by the Colonie, or out of the store, vpon paine of whipping.

31 No man shall depart from his guard without leaue of his officer, vpon paine of punishment: and who so shall be set Centinell, shall not depart from it, vntill he be relieued, nor sleepe thereof vpon paine of death.

32 No man shall offer any violence, or contemptuously resist or disobey his Commaunder, or doe any act, or speake any words which may tend to the breeding of any disorder or mutinie in the towne or field, or disobey any principall Officers directions vpon paine of death.

33 He that shall not appeare vpon the guard, or not repaire vnto his colours, when the Drum upon any occasion shall beate either vpon an Alarum, or to attend the businesse which shall be then commaunded, shall for his first offence lie in Irons vpon the court of guard all one night, and for his second be whipt, and for the third be condemned to the Gallies for one yeare.

34 That Souldier who fighting with an enemie, shall lose his Armes, or runne away cowardly, or yeeld himselfe but vpon apparant and great constraints or without hauing performed, first the part of a good souldier, and an honest man, shall suffer death with the armes which he carrieth.

35 That Souldier that shall let go any caution deliuered vpon a treatie, or any prisoner of warre by his negligence, shall be punished with death.

36 No Souldier shall let goe any prisoner of war, which he hath taken without consent of his Captaine, who shall aduertise the chiefe Commaunder, upon paine of being committed to the Gallies for one yeare.

37 That Souldier which vpon an assault, or taking of any towne, that shall not follow his colours, and the victory, but shall fall to pillage for his priuate profit, after the place taken, shall suffer death with the armes which he weareth.

38 No Souldier may speake or haue any priuate conference with any of the saluages, without leaue of his Captaine, nor his Captaine without leaue of his chiefe Officer, vpon paine of death.

39 When the Marshall or Gouernour of a towne, shall demaund a Souldier that hath made breach of these lawes, that Captaine or any other that shall conceale him, or assist him to flie away, shall bee punished with the punishment which the fact of the said fugitiue deserued.

40 That Captaine that shall ipso facto, find any Souldier breaking these fore declared lawes and ordinances, of whatsoeuer company he shall be, he shall commit him to the Prouost Marshall to be punished according as the offence committed commeth vnder the construction of the Martial law in that case prouided.

41 No Souldier shall vnprofitably waste his pouder, shot, or match, by shooting it idly away, or at birds, beasts, or fowle, but shall giue an account vnto his Corporall of the same, who shall certifie his Captain vpon peril for his first fault so comitted, to be comitted to prison, there to lie in Irons head & heeles togither eight & forty hours, for the second to be condemned sixe moneths to the Gallies, and for the third offence to be condemned two yeares to the Gallies.

42 All Captaines, Officers, and common Souldiers, or others of what condition soeuer, members of the Colonie, shall doe their endeauours to detect, apprehend, and bring to punishment all offenders, and shall assist the officer of that place for that purpose, as they will answere the contrary at our Marshall

court.

43 All other faults, disorders, and offences that are not mentioned in these Lawes, Articles, and Orders shall be & are supplied in the instructions which I haue set downe, and now shall be deliuered vnto euery Captain, and other Officer, so farre forth as the infancie, and as yet weake condition of this our present Colony will suffer, and which shall be punished according to the generall custome, and therefore I commaund all men to looke

to

to their charges, and him that hath no charge to looke to his owne carriage, and to keepe himselfe within the bounds of dutie, for the discipline shall be strictly kept, and the offenders against the lawes thereof seuerely punished.

44 Whosoeuer shall giue offence to the Indians in that nature, which truly examined, shall found to haue beene cause of breach of their league, and friendship, which with so great trauaile, desire, and circumspection, we haue or shall at any time obtaine from them without commission so to doe, from him that hath authoritie for the same, shall be punished with death.

45 Whosouer shall wilfully, or negligently set fire on any Indian dwelling house, or Quioquisock house or temple, or vpon any storehouse, or garner of graine, or prouision of what quality. soeuer, or disualedge, ransacke, or ill intreat the people of the countrey, where any warre, or where through any march shall be made except it be proclaimed, or without commandement of the chiefe officers shall be punished with death.

46 Whosoeuer shall not do his endeauour and best to regaine & recouer his colours, if by hap it fall into the Indians hands shall lie subject to the censure of a Marshall court.

47 Whosoeuer shall faine himself sick, vpō the point of fight, or when any worke is to be done or slip away from the seruice of either, shall be punished by death.

48 VVhosoeuer shall raise any question, brabble or braule in the watch, or Amboscado, or in Scout, or Setinel in any other effect, or make any noise or rumor where silence, secrecie, and couert is to be required, shall be punished with death.

49 Whosoeuer shall not retreat when the drum or trumpet soundeth the same, whether it be vpon any sallies, made out of any town or fortres, or in skirmish, or in any incounter, shall be punished with death.

50 It now resteth, that all Captaines and supreme officers, whether gouernor in towne, fort or fortes, or Captaine of companies shall be aduised to do their indeuors ioyntly, and to agree in one accord, that the true and neuer failing lustice, may be executed with all integrity of all these foredeclared lawes, according to the dignitie, power, and censure of the Martiall court, that by the exemplar liues, and honourable practises of all that is good & vertuous, all things may be gouerned in good order, as no doubt, our Right Honorable Lord Generall doth assure himselfe, that all good and vpright men that haue the feare of God, and his seruice, and their owne honour in regard, will demean themselues no lesse, then according to the dignity of their place, and charge of their command, the vnited powers of his Lordships