MILITARY LAW A

the whole army ; which God forbid ! and

or archer on horseback, of 10si1lg his 1
foot or b o he ~ shall have his left e a r cul
11. XII. ITEM,if in any engagement whal
1412 the earth, and he who shall have thus
ARTICLES OF WAR OF RICHARD 11-A. D. 1385. the pursuit, and any other shall come
These a r e the Statutes, Ordonnances and Customs, to be observed in the or parole of the said enenly, he shall hay
Army, ordained and made by good consultation and deliberation of our most overthrew hini the other half; but he
Excellent Lord the Icing Richard, John Duke of Lancaster, Seneschal1 of keeping of h i ~ n giving
, security to his pr
England, Thomas Earl of Essex and Buckingham, Constable of England, and XIII. ITEM, if any one takes :
Thonias de Mowbray, Earl of Notingham, Mareschall of England, and other 1414 demanding a part, threatenillg
prisoner), be shall have no part,
LOI-ds, Earls, Barons, Banneretts, and experienced Knights, whom they have and if he Bills the said prisoner h e shnl
thought proper to call unto them; then being a t Durham the 17th Day of the being delivered till he h a s satisfied the
Month of July, in the ninth Year of the Reign of our Lord the King Richard II: be forfeited to the constable.
I. FIRSTLY. That all manner of persons, df what nation, state, or condition XIV. ITEM, that no man go out on a1
they may be, shall be obedient to our lord the King, to his constable and with the kno\vledge and by the permic
mareschall, under penalty of everything they can forfeit in body and goods. which he is, so that they may be able to
11. ITEM, that none be so hardy a s to touch the body of our Lord, nor the
vessel i n which i t is contained, under pain of being drawn, hanged and beheaded. on pain of losing horse and armour.
111. ITEM, that none be so hardy a s to rob and pillage the church, nor to
XV. ITEM, that for no news or affrz
destroy any man belonging to holy church, religious or otherwise, nor any army, any one shall put himself in dis
cursion or in quarters, unless by assi!
woman, nor to take them prisoners, if not bearing a r m s ; nor to force any losing horse and arinour.
woman, upon pain of being hanged. XVI. ITEM. thnt every one pay t o his
IV. ITEM, that no one be so hardy to go before, or otherwise than i n the of gains of arms ; herein a r e included
battail to which he belongs, under the banner or pennon of his lord or master, have the benefit of quarters, under the
except the herbergers, whose names shall be given in by their lords or masters XVII. ITEM,that no one be so hard!
to our constable and mareschall, upon pain of losing their horses. George, or any other, to draw togethe
V. ITEM,that no one take quarters, otherwise than by the assignment of the any place whatsoever, under pain, t
constable and n~areschc~ll and the herbergers; and that, after the quarters captains shall be drawn and hanged, a
a r e assigned and delivered, let no one be so hardy a s to remove himself, or and all their goods and heritages forfei
quit his quarters, on any account whatsoever, under pain of forfeiture of XVIII. ITEM,that every man of wha
horse and armour, and his body to be in arrest, and a t the King's will. so t b a t he be of our party, shall bear
VI. ITEM,that every one be obedient to his captain, and perform watch and before. and another behind, upon peril
ward, forrage, and all other things belonging to his duty, under penalty of thereof, he who shall hurt or slay him
losing his horse and arinour, and his body being in arrest to the mareschall, no enemy shall bear the said sign of E
till he shall have made his peace with his lord or master, according to the pain of death.
award of the court. XIX. ITEM, that if any one shall tr
1413 VII. I T E ~ Ithat
, no one be so hardy a s to rob or pillage another of t h e army, he shall bring him to his c
money, victuals, provisions, forage, or any other thing, on pain of losing part to his said captain or master; ar
his head; nor shall any one take any victuals, merchandise, or any other thing bring him to our lord the Icing, constak
whatsoever, brought for the refreshment of the army, under the same penalty; without taking him elsewehere, in orde
and any one who shall give the names of such robbers and pillagers to news and intelligence of the enemy, uncl
the constable and mareschall, shall have twenty nobles for his labor. first make i t known to the c o ~ ~ s t a b 1l e
VIII. ITEM, no one shall make a riot or contention in the army for debate guard, or cause to be guarded by his
of arms, prisoners, lodgings, or any other thing whatsoever, nor cause any not ride about a t large in the army, I
party or assembly of persons, under pain (the principals a s well a s the parties) quarters, without having a guard ovl
, of losing their horses and armour, and having their bodies in arrest a t t h e army, under pain of losing his said
Icing's will, and if i t be a boy or page he shall lose his left ear. Any person third of the whole, if there i s not a pa
conceiving himself aggrieved shall make known hls greviance to the constable to him t h a t shall first take him: and
and mareschall, and right shall be done him. like pain, and also of his body being i
IX. ITEM,that no one be so hardy a s to niake a contention or debate in t h e not suf€er his said prisoner to go out (
army on account of any grudge respecting time past, or for any thing to collie; other cause, without leave of the Icin!
if in such contest or debate any one shall be slain, those who were t h e occasion mnncler
..
.. of the battalion in whic
shall be hanged; and if any one shall proclaim his own name, or that of his 1415 XX. ITEM, that every one sh
lord or master, so a s to cause a rising of the people, whereby a n affray might the army, and with .the numbe
happen in the army, he who made the proclama4fon shall be drawn and hanged. signed him, and that he shall remain 1
X. ITEM, that no one be so hardy a s to cry havok,"' under pain of losing or nernlissioll of him before whom tF
his head, and that he or they that shall be the beginners of the said cry shall he& OR.
likewise be beheaded, and their bodies afterwards be hanged up by the arms. XXI. I T E ~thnt
I , no one shall give
XI. ITEM, that no one make the cry called mount6: or any other whatso- nor any other, nor leave to any enem
ever in the army, on account of the great danger that may thereby happen to feiture of all his goods to the Icing,
1 " Havolc" wns the word given a s a slgnal for the troops to disperse and pillage.
except our lord the King, Monsieur cle
[Note by Grqse.,] marshall : and that none be so hardy
2 " MozrntP, 1. e. ?,tontez-to horse. Probably this was either a mutinous cry, call- the king, upon payne of being drawn
ing on the cavalry l o taek horse and leave the army, or might be the method of coll­ forfeited to the Icing; nor to infringe
ing to arms from a supposed approach of the enemy and was what would now be caster, seneschall, constable, and marc
called raising a false alarm. [Note by Grose.1
004

I.
RICHARD 11-A. D. 1385.
s and Customs, to be observed in the
~sultationand deliberation of our most
)hn Duke of Lancaster, Seneschal1 of
3uckingham, Constable of England, and
am, Mareschall of England, and other
experienced ICnights, whoin they have
L being a t Durham the 17th Day of the
Reign of our Lord the King Richard I t
3ns, 03 what nation, state, or condition
r lord the King, to his constable and
g they can forfeit in body and goods.
:o touch the body of our Lord, nor the
in of being drawn, hanged and beheaded.
to rob and pillage the church, nor to
hurch, religious or otherwise, nor any
f not bearing a r m s ; nor t o force any
to go before, or otherwise than in the
banner or pennon of his lord or master,
ill be given in by their lords or masters
iin of losing their horses.
~therwisethan by the assignment of the
.bergem; and that, after the quarters
be so hardy a s to remove himself, or
iatsoever, under pain of forfeiture of
I arrest, and a t the King's will.
to his captain, and perform watch and
?longing to his duty, under penalty of
3ody being i n arrest to the mareschall,
h his lord or master, according to the
hardy a s to rob or pillage another of
:e, or any other thing, on pain of losing
ictuals, merchandise, or any other thing
~t of the army, under the same penalty ;
nes of such robbers and pillagers to
? twenty nobles for his Isbor.
t or contention in the army for debate
)ther thing whatsoever, nor cause any
n ( t h e principals a s well a s the parties)
d having their bodies in arrest a t the
he shall lose his left ear. Any person
e known his greviance to the constable
? him.
3 to make a contention or debate in t h e
ng time past, or for any thing to come;
.I1 be slain, those who were the occasion
proclain~his own name, or that of his
of the people, whereby a n affray might
roclamation shall be drawn and hanged.
to cry " havok," under pain of losing
1 be the beginners of the said cry shall
afterwards be hanged up by the arms.
r called mounte," or any other whatso-
eat danger that may thereby happen to
:pal for the troops to disperse and pillage.
MILITARY LAW AND PRECEDENTS. 905
the whole a r m y ; which God forbid! and t h a t on pain, if he be a man a t arms,
or archer on horseback, of losing his best horse; and if he be an archer on
foot or boy he sllall have his left ear cut off.
XII. ITEM,if in any engagement whatsoever an enemy shall be beat down to
the earth, and he who shall have thus thrown him down shall go forwards in
the pursuit, and any other shall come afterwards, and shall talre the faith
or parole of the said enemy, he shall have half of the said prisoner,-and he who
overtl~rewhi111 the other half; but he who received his parole shall have the
keeping of hiln, giving security to his partner.
X I I I . ITEM, if any one takes a prisoner, and another shall join him,
1414 demanding a part, threatening that otherwise h e will kill him (the
prisoner), be shall have no part, although the share be granted to him;
and if he kills the said prisoner he shall be in arrest to t h e mareschall without
being delivered till he h a s satisfied the party, and his horses and armour shall
be forfeited to the constable.
XIV. ITEM,that no man go out on an expedition by night or by day, unless
with the kno~vledgeand by the permission of the chieftain of the battail in
which
. ---.he is. so that they may be able to succour him should occasion require it,
on paill of losing horse-and armour.
XV. ITEM, that for no news or affray whatsoever that may happen in the
army, any one shall put himself in c1is:lrray in his battail, whether on a n ex-
cursion or in quarters, unless by assignment of his chieftain, under pain of
losing horse and armour.
XVI. I T E ~ that
~ , every one pay to his lord or master the third of all manner
of gains of arins; herein a r e included those who do not receive pay, but only
have the benefit of quarters. under the banner or pennoil of arms of a captain.
XVIT. ITEM, that no one be so hardy a s to raise a banner or pennon of St.
George, or any other, to draw together the people out of the army, to go to
any place whatsoever, under pain, that those who thus make theinselves
captains shall be drawn and hanged, and those who follow them be beheaded,
and all their goods and heritages forfeited to t h e Icing.
XVIII. ITEM,that every man of what estate, condition, or nation he may be,
so that he be of our party, shall bear a large sign of the arms of St. George
before. and another behind, upon peril that if he be h u r t or slain in default
thereof, he who shall hurt or slay him shall suffer no penalty for i t ; and that
no enemy shall bear the said sign of St. George, unless he be a prisoner, upon
pain of death.
XIX. ITEM, t h a t if any one shall take a prisoner, a s soon a s h e comes to
t h e army, he shall bring him to his captain or master, on pain of losing his
part to his said captain or master; and that his said captain or master shall
bring him to our lord the Icing, constable or mareschall, a s soon a s he well can,
without taking hiin elsewehere, in order t h a t they may ertainine him concerning
news and intelligence of the enemy, under pain of losing his third to him who may
first make i t known to the collstable or mnreschall; and that every one shall
guard, or cause to be g'uarded by his soldiers, his said prisoner, that he may
not ride about a t large in the army, nor shall suffer him to be a t large in his
quarters, without having a guard over him, lest he espy the secrets of the
army, under pain of losing his said prisoner; ~ e s e r v i n gto his said lord the
third of the whole, if there i s not a partner in the offence; and the second part
to him t h a t shall first talre him: and the third part to the constable. On the
like pain, and also of his body being in arrest, and a t the king's will, he shall
not suffer his said prisoner to go out of the army for his ransome, nor for any
other cause, without leave of the Icing, constable, and mareschAl1, or the com-
mander of the battalion in which he is.
1415 XX. ITEM, that every one shall well and duly perform his watch in
the army, and with .the number of men a t arms and archers a s i s as-
signed him, and that he shall remain the full limited term, unless by the order
or pernlission of hiin before whom the watch is made, on pain of having his
head cut off.
XXI. I T E ~ that
~ , no one shall give passports or safe conduct to a prisoner
nor any other, nor leave to any enemy to come into the army, on pain of for-
feiture of all his goods to the King, and his body in arrest and a t his will;
except our lord the King, Monsieur cle Lancaster, seneschall, the coustable, and
marshall : and that none be so hardy a s to violate the safe conduct of our lord
the Irinp., upon payne of being clrawn and hanged, and his goods and heritage
forfeited to the King; nor to infringe the safe conducts of our said lord of Lan-
caster, seneschall, constable, and mareschall, upon pain of being beheaded.
906 MILITARY LAW AND PRECEDENTS. ­

XXII. ITEM,if any one take a prisoner, he shall take his faith, and also his
bacinet, or gauntlet, to be a pledge and in sign that he is so taken, or he shall
leave him under the guard of some of his soldiers, under pain, that if he
takes him, and does not do a s is here directed, and another comes afterwards,
and takes him from him (if not under a guard) a s i s said, his bacinet or right
gauntlet in pledge, he shall have the prisoner, though the first. had taken his
faith.
XXIII. ~ T E Mthat
, no one be so hardy a s to retain the servant of another, who
has covenanted for the expedition, whether soldier, man a t arms, archer, page
or boy, after he shall have been challenged by his master, under pain that his
body shall be in arrest till he shall have made satisfaction to the party com-
plaining, by award of the court, and his horses and armour forfeited to the
constable. 1416 CODE OF ARTICLES
SWEDEN.
O F li
XXIV. ITEM, that no one be so hardy to go for forage before the lords or
others, whosoever they may be, who mark out or assign the places for the
foragers; if it is a man a t arms, he shall lose his horses and harness to the
constable, and his body shall be arrested by the marischal, and if it i s a valet
or boy, he shall have his left ear cut off.
XXV. THATnone be so hardy a s to quarter himself otherwise than by Imprimis. No commander nor prival
the assignment of the herbergers, who a r e authorized to distribute quarters, kind of Idolatry, Witchcraft, or Incha
under like penalty. honored, upon gain of death.
XXVI. ITEM,t h a t every lord whatsoever cause to be delivered to the con- 2. If any shall blaspheme the name o
stable and marischal the names of their herbergers, under penalty, that if any being proven by two or three witnesses,
one goes forward and takes quarters, and his name is not delivered in to the 3. If any shall seem to deride or scor
constable and mareschall, he shall lose his horses and armour. taken in the fact, hee shall forthwith b
Ecclesiasticall, to be examined, and beir
" T h e Rules and Ordonnances of W a r " of Henry V a r e printed in Upton's by the Court of Warre to lose his head:
" D e Studio Militari," and i n Grose's Antiquities of England and Wales, vol. 1, or unadvisedly, for the first offence hee
p. 34. The military code of Henry V I I I is said to be preserved, in MS, in the for the second, be shot to death.
College of Arms, London. 4. If any shall swear in his anger by
pay halfe a moneth's pay unto the pool
any other evil exercise, he shall forfeit
assembly of prayer or preaching he shal
whole assembly, and there crave pardon
5. To the,end that God's Word be by
pnblike prayers bee said every m o r n i ~
Camp, a t one time, in every several Re
the sound of the General's or Marshal
private Company and Regiment.
6. Whatsoever Minister shall neglect
occasion hinders him, he shall for every
pay.
7. Whatsoever Souldier shall neglecl
advised by his Captain, he shall lie in pr
hindered.
8. If any Minister be found drunk c
preach, or read prayer, for the first off
the Commissioners Ecclesiasticall. and
Leaguer.
9. Every Holy-day and every Sabbat
with preaching in a place con
1417 also to bee done twice every week,
holy-daies to come in the followi
Sermons or Prayers publikely bid them :
(unlesse he have some lawful let o r oo
10. All merchants and sellers of con
hear the Token or call to bee given, I
and so keep them during the said ti]
presume in that season to sell any thi
sold, whereof the one half to goe to tf
ne& Hospital1 ; over and above which,
put in prison.
11. All drinkings and feastings shall
upon pain of punishment, as is befo
if any Souldier herein offends, he shall
and if he be a n Officer hee shall forfeit
'Translated and printed in Ward's "Anim