Laws

Printed at London for Walter Burre. 1612.

Noblest of men, though tis the fashion now Noblest to mixe with basest, for their gaine: Yet doth it fare farre otherwise with you, That scorne to turn to Chaos so againe, And follow your supreme distinction still, Till of most noble, you become divine And imitate your maker in his will, To have his truth in blackest nations shine. What had you beene, had not your Ancestors Begunne to you, that make their nobles good? And where white Christians turn in maners Mores You wash Mores white with sacred Christan bloud This wonder ye, that others nothing make Forth then (great L.L.) for your Lords Saviours sake.

By him, all whose duty is tributary to your Lordships, and unto so excellent a cause.

William Strachey.

When I went forth upon this voyage, (Right worthy Gentlemen) true it is, I held it a service of dutie, (during the time of my unprofitable service, and purpose of stay in the Colonie, for which way else might I adde unto the least hight of so Heoricke and pious a building) to propose unto myself to be (though an unable) Remembrancer of all accidents, occurrences, and undertakings therunto, adventitiall: In most of which since the time our right famous sole Governour then, now Lieutenant Generall Sir Thomas Gates Knight, after the ensealing of his Commission hasted to our fleete in the West, there staying for him, I have both in the Bermudas, and since in Virginea beene a sufferer and an eie witnesse, and the full storie of both in due time shall consecrate unto your viewes, as unto whom by right it appertaineth, being vowed patrones of a worke, and enterprise so great, then which no object nor action (the best of bests) in these time, may carry with it the like fame, honour, or goodnesse.

Howbet since many impediments, as yet must detaine such my observations in the shadow of darknesse, untill I shall be able to deliver them perfect unto your judgements why I shall provoke and challenge, I do in the meane time present a transcript of the Toparchia or State of those duties, by which their Colonie stands regulated and commaunded, that such may receive due checke, who malitiously and desperately heretofore have censured of it, and by examining of which they may be right sorie so to have defaulked from us as if we lived there lawlesse, without obedience to our Countrey, or observance of Religion to God.

Nor let it afflict the patience of such full and well instructed judgments, unto whom many of these constitutions and Lawes Divine or Marshall may seeme auncient and common, since these grounds are the same constant, Asterismes, and starres, which must guide all that travell in these perplexed wayes, and paths of publique affairs; & whosoever shall wander from them, shall but decline a hazardous and by-course to bring their purposes to good effect.

Nor let another kind quarrell or traduce the Printing of them to be delivered in particular to officers and private Souldiers for their better instruction, especially unto a Company for the grievous, unsettled and unfurnished, since we know well how short our memories are oftentimes, and unwilling to give stoage to the better things, and such things as limit and bound mankind in their necessariest duties.

For which it transcends not the reach of his understanding, who is conversant, if but as for a festivall exercise, (every privy Moone) in reading of a booke, that records and edicts for manners or civill duties, have usually beene fixed upon ingraven Tables, for the Commons daily to over-looke: a custome more especially cherished by those not many yeeres since in Magnuza who have restored (as I may say) after so great a floud and rage of abused goodnesse, all Lawes, literature and Vertue againe, which had well night perished, had not the force of piety and sacred reason remaining in the bosomes of some few, opposed itselfe against the fury of so great a calamity, of whom it is an undenyable truth, that the meanes and way whereby they reduced the generall defection, was by printing thereby so houlding uppe those involved principles, and Instructions wherein (as in a mirror, the blind and wandering judgement might survaye, what those knowledges were, which taught both how to governe, and how to obey, (the end indeed of sociable mankinds Creation) since without order and government, (the onely hendges, whereupon, not onely the safety, but the being of all states doe turne and depend) what society may possible subsist, or commutative goodnesse be practised. And thus lawes being published, every common eye may take survey of their duties, and carrying away the tenour of the same, meditate, & bethinke how safe, quiet, and comely it is to be honest, just, and civill.

And indeed all the sacred powers of knowledge and wisedome are strengthened by thse two waies, either by a kind of divine nature, which his happy creation hath blessed him with, the vertue whereof comprehendeth, foreseeth and understandeth the truth and clearenesse of all things: or by instruction and tradition from others, which must improve his wants, and by experience render him perfect, awaking him in all seasons a vigilant observer of civill cautions and ordinances, an excellent reason in forcing no lesse unto the knowledge of him that will shine a starre in the firmament, where good men move, and that is, that no man doth more ill them hee that is ignorant.

For the avoiding of which, and to take away the plea of I did not know in him that shall exorbitate or goe aside with any delinquencie which may be dangerous in example or execution, albeit true it is how hee is indeede the good and honest man that will be good, and to that needeth fewe other precepts. It hath appeared most necessary unto our present Ethnarches Deputy Governor Sir Thomas Dale knight Marshall, not onely to exemplifie the old Lawes of the Colony, by Sir Thomas Gates published & put in execution by our Lord Generall Laware during his time one whole yeere of being there, but by vertue of his office, to prescribe and draw new, with their due penaltyes, according unto which wee might live in the Colony justly one with another, and performe the generall service for which we first came thither, and with so great charges & expences, are now setled & maintained there.

For my paines, and gathering of them, as I know they will be right welcom to such young souldiers in the Colony who are desirous to learne and performe their duties, so I assure me, that by you I shall bee encouraged to go on in the discharge of greater offices by examining and favouring my good intention in this, and in what else my poore knowledge or faithfulnesse may enable me to be a servant in so beloved and sacred a businesse. And even so committing to your still most abstract, grave and unsatisfied carefulnesse, both it and myselfe, I wish returne of seven fold into such his well inspired bosome, who hath lent his helping hand unto this new Sion. From my lodging in the Black Friers,

At you best pleasures, either to returne unto the Colony, or to pray for the successe of it heere.

William Strachey.

Whereas his Majesty like himselfe a most zealous Prince hath in his owne Realmes a principall care of true Religion, and reverence to God, and hath alwaies strictly commaunded his Generals and Governours, with all his forces wheresoever, to let their waies be like his ends, for the glorie of God.

And forasmuch as no good service can be performed, or warre well managed, where militarie discipline is not observed, and militarie discipline cannot be kept, where the rules or chiefe parts thereof, be not certainly set downe, and generally knowne, I have (with the advise and counsell of Sir Thomas Gates Knight, Lieutenant Generall) adhered unto the lawes divine, and orders politique, and martiall of his Lordship (the same exemplified) an addition of such others, as I have found either the necessitie of the present State of the Colonie to require, or the infancie, and weaknesse of the body thereof, as yet able to digest, and doe now publish them to all persons in the Colonie, that they may as well take knowledge of the Lawes themselves, as of the penaltie and punishment, which without partialitie shall be inflicted upon the breakers of the same.

First since we owe our highest and supreme duty, our greatest, and all our allegeance to him, from whom all power and authoritie is derived, and flowes as from the first, and onely fountaine, and being especiall souldiers emprest in this sacred cause, we must alone expect our successe from him, who is onely the blesser of all good attempts, the King of kings, the commaunder of commaunders, and Lord of Hosts, I do strictly commaund and charge all Captaines and Officers, of what qualitie or nature soever, whether commanders in the field, or in the towne, or townes, forts or fortresses, to have a care that the Almightie God bee duly and daily served, and that thy call upon their people to heare Sermons, as that also they diligently frequent Morning and Evening praier themselves by their owne exemplar and daily life, and dutie herein, encouraging others thereunto, and that such, who shall often and wilfully absent themselves, be duly punished according to the martiall law in that case provided.

That no man speake impiously or maliciously, against the holy and blessed Trinitie, or any of the three persons, that is to say, against God the Father, God the Son, and God the holy Ghost, or against the knowne Articles of the Christian faith, upon paine of death.

That no man blaspheme Gods holy name upon paine of death, or use unlawful oathes, taking the name of God in vaine, curse, or banne, upon paine of severe punishment for the first offence so committed, and for the second, to have a bodkin thrust through his tongue, and if he continue the blaspheming of Gods holy name, for the third time so offending, he shall be brought to a martiall court, and there receive censure of death for his offence.

No man shall use any traiterous words against his Majesties Person, or royall authority upon paine of death.

No man shall speake any word, or do any act, which may tend to the derision, or despight of Gods holy word upon paine of death: Nor shall any man unworthily demeane himselfe unto any Preacher, or Minister of the same, but generally hold them in all reverent regard, and dutiful intreatie, otherwise he the offender shall openly be whipt three times, and ask publike forgivenesse in the assembly of the congregation three several Saboth daies.

Everie man and woman duly twice a day upon the first Towling of the Bell shall upon the working daies repaire unto the Church, to hear divine Service upon pain of losing his or her dayes allowance for the first omission, for the second to be whipt, and for the third to be condemned to the Gallies for six Moneths. Likewise no man or woman shall dare to violate or breake the Sabboth by any gaming, publique, or private abroad, or at home, but duly sanctifie and observe the same, both himselfe and his familie, by preparing themselves at home with private prayer, that they may be the better fitted for the publique, according to the commandements of God, and the orders of our Church, as also every man and woman shall repaire in the morning to the divine service, and Sermons preached upon the Saboth day, and in the afternoon to divine service, and Catechising, upon paine for the first fault to lose their provision, and allowance for the whole weeke following, for the second to lose the said allowance, and also to be whipt, and for the third to suffer death.

All Preachers or Ministers within this our Colonie, or Colonies, shall in the Forts, where they are resident, after divine Service, duly preach every Sabbath day in the forenoone, and Catechise in the afternoone, and weekely say the divine service, twice every day, and preach every Wednesday, likewise every Minister where his is resident, within the same Fort, or Fortresse, Townes or Towne, shall chuse unto him, foure of the most religious and better disposed as well to informe of the abuses and neglects of the people in their duties, and service to God, as also to the due reparation, and keeping of the Church handsome, and fitted with all reverent observances thereunto belonging: likewise every Minister shall keepe a faithful and true Record, or Church Booke, of all Christenings, Marriages, and deaths of such our people, as shall happen within their Fort, or Fortresses, Townes or Towne at any time, upon the burthen of a neglectfull conscience, and upon paine of losing their Entertainement.

He that upon pretended malice, shall murther or take away the life of any man, shall bee punished with death.

No man shal commit the horrible, and detestable sins of Sodomie upon pain of death; & he or she that can be lawfully convict of Adultery shall be punished with death. No man shall ravish or force any woman, maid or Indian, or other, upon pain of death, and know ye that he or shee, that shall commit fornication, and evident proofe made thereof, for their first fault shall be whipt, for their second they shall be whipt, and for their third shall be whipt three times a weeke for one month, and aske publique forgivenesse in the Assembly of the Congregation.

No man shall bee found guilty of Sacriledge, which is a Trespasse as well committed in violating and abusing any sacred ministry, duty or office of the Church, irreverently, or prophanely, as by beeing a Church robber, to filch, steale or carry away any thing out of the Church appertaining thereunto, or unto any holy, and consecrated place, to the divine Service of God, which no man should doe upon paine of death: likewise he that shall rob the store of any commodities therein, of what quality soever, whether provisions of victuals, or of Arms, Trucking stuffe, Apparrell, Linnen, or Wollen, Hose or Shooes, Hats or Caps, Instruments or Tooles of Steeles, Iron, &c. or shall rob from his fellow souldier, or neighbour, any thing that is his, victuals, apparell, household stuffe, toole, or what necessary else soever, by water or land, out of boate, house, or knapsack, shall bee punished with death.

Hee that shall take an oath untruly, or beare false witnesse in any cause, or against any man whatsoever, shall be punished with death.

No manner of person whatsoever, shall dare to detract, slaunder, calumniate, or utter unseemely, and unfitting speeches, either against his Majesties Honourable Councell for this Colony, resident in England, or against the Committies, Assistants unto the said Councell, or against the zealous indeavors, & intentions of the whole body of Adventurers for this pious and Christian Plantation, or against any publique booke, or bookes, which by their mature advise, and grave wisedomes, shall be thought fit, to be set foorth and publisht, for the advancement of the good of this Colony, and the felicity thereof, upon paine for the first time so offending, to bee whipt three severall times, and upon his knees to acknowledge his offence and to aske forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Galley for three yeares, and for the third time so offending to be punished with death.

No manner of Person whatsoever, contrarie to the word of God (which tyes every particular and private man, for conscience sake to obedience, and duty of the Magistrate, and such as shall be placed in authoritie over them) shall detract, slaunder, calumniate, murmur, mutenie, resist, disobey, or neglect the commaundments, either of the Lord Governour, and Captaine Generall, the Lieutenant Generall, the Martiall, the Councell, or any authorised Captaine, Commaunder or publike Officer, upon paine for the first time so offending to be whipt three severall times, and upon his knees to acknowledge his offence, with asking forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Gally for three yeares: and for the third time so offending to be punished with death.

No man shall give any disgracefull words, or commit any act to the disgrace of any person in this Colonie, or any part thereof, upon paine of being tied head and feete together, upon the guard everie night for the space of one moneth, besides to bee publikely disgraced himselfe, and be made uncapable ever after to possesse any place, or execute any office in this imployment.

No man of what condition soever shall barter, trucke, or trade with the Indians, except he be thereunto appointed by lawful authority, upon paine of death.

No man shall rifle or dispoile, by force or violence, take away any thing from any Indian comming to trade, or otherwise, upon paine of death.

No Cape Marchant, or Provant Master, or Munition Master, or Truck Master, or keeper of any store, shall at any time imbezzell, sell, or give away any thing under his Charge to any Favorite, or his, more then unto any other, whome necessity shall require in that case to have extraordinary allowance of Provisions, nor shall they give a false accompt unto the Lord Governour, and Captaine Generall, unto the Lieuetenant Generall, unto the Marshall, or any deputed Governor, at any time having the commaund of the Colony, with intent to defraud the said Colony, upon paine of death.

No man shall imbezzel or take away the goods of any man that dyeth, or is imployed from the town or Fort where he dwelleth in any other occasioned remote service, for the time, upon pain of whipping three severall times, and restitution of the said goods againe, and in danger of incurring the penalty of the tenth Article, if so it may come under the construction of theft. And if any man die and make a will, his goods shall bee accordingly disposed; if he die intestate, his goods shall bee put into the store, and being valued by two sufficient praisers, his next of kinne (according to the common Lawes of England) shall from the Company, Committies, or adventurers, receive due satisfaction in monyes, according as they were praised, by which meanes the Colonie shall be the better furnished; and the goods more carefully preserved, for the right heire, and the right heire receive content for the same in England.

There shall no Capttain, Master, Marriner, saylor, or any else of what quality or condition soever, belonging to any Ship or Ships, at this time remaining, or which shall hereafter arrive within this our River, bargaine, buy, truck, or trade with any one member in this Colony, man, woman, or child, for any toole or instrument of iron, steel or what else, whether appertaining to Smith Carpenter, Joyner, Shipwright, or any manuall occupation, or handicraft man whatsoever, resident within our Colonie, nor shall they buy or bargaine, for any apparell, linnen, or wollen, householdstuffe, bedde, bedding, sheete towels, napkins, brasse, pewter, or such like, eyther for ready money, or provisions, nor shall they exchange their provisions, of what quality soever, whether Butter, Cheese, Bisket, meal, Oatmele, Aquavite, oyle, Bacon, any kind of Spice, or such like, for any such aforesaid instruments, or tooles, Apparell, or householdstuffe, at any time, or so long as they shall here remain, from the date of these presents upon paine of losse of their wages in England, confiscation and forfeiture of such their monies and provisions, and upon peril beside of such corporall punishment as shall be inflicted upon them by verdict and censure of a martiall Court: Nor shall any officer, souldier, or Trades man, or any else of what sort soever, members of this Colony, dare to sell any such Toole, or instruments, necessary and usefull, for the businesse of the Colonie, or trucke, sell, exchange, or give away his apparell, or household stuffe of what sort soever, unto any such Sea-man, either for money, or any such foresaid provisions, upon paine of 3 times severall whipping, for the one offender, and the other upon perill of incurring censure, whether of disgrace, or addition of such punishment, as shall bee thought fit by a Court martiall.

Whereas sometimes heeretofore the covetous and wide affections of some greedy and ill disposed Seamen, Saylers, and Marriners, laying hold upon the advantage of the present necessity, under which the Colony sometimes suffered, have sold unto our people, provisions of Meale, Oatmeale, Bisket, Butter, Cheese &c, at unreasonable rates, and prises unconscionable: for avoiding the like to bee now put in practise, there shall no Captain, Master, Marriner, or Saylor, or what Officer else belonging to any ship, or shippes, now within our river, or heereafter which shall arrive, shall dare to bargaine, exchange, barter, truck, trade, or sell, upon paine of death, unto any one Landman member of this present Colony, any provisions of what kind soever, above the determined valuations, and prises, set downe and proclaimed, and sent therefore unto each of your severall ships, to bee fixed uppon your Maine mast, to the intent that want of due notice, and ignorance in this case, be no excuse, or plea, for any one offender herein.

Sithence we are not to bee a little carefull, and our young Cattell, & Breeders may be cherished, that by the preservation, and increase of them, the Colony heere may receive in due time assured and great benefite, and the adventurers at home may be eased of so great a burthen, by sending unto us yeerely supplies of this kinde, which now heere for a while, carefully attended, may turne their supplies unto us into provisions of other qualities, when of these wee shall be able to subsist our selves, and which wee may in short time, be powerful enough to doe, if we wil according to our owne knowledge of what is good for our selves, forbeare to work into our owne wants, againe, by over hasty destroying, and devouring the stocks, apu authors of so profitable succeeding a Commodity, as increase of Cattel, Kine, Hogges, Goates, Poultrie &c. must of necessity bee granted, in every common mans judgement, to render unto us: Now know yee therefore, these promises carefully considered, that it is our will and pleasure, that every one, of what quality or condition soever hee bee, in this present Colony, to take due notice of this our Edict, whereby wee do strictly charge and command, that no man shall dare to kill, or destroy any Bull, Cow, Calfe, Mare, Horse, Colt, Goate, Swine, Cocke, Henne, Chicken, Dogge, Turkie, or any tame Cattel, or Poultry, of what condition soever; whether his owne, or appertaining to another man, without leave from the Generall, upon paine of death in the Principall, and in the accessary, burning in the Hand, and losse of his eares, and unto the concealer of the same foure and twenty houres whipping, with addition of further punishment, as shall be thought fitte by the censure, and verdict of a Martiall Court.

Ther shall no man or woman, Launderer or Launderesse, dare to wash any uncleane Linnen, drive bucks, or throw out the water or suds of fowle cloathes, in the open streete, within the Pallizadoes, or within forty foote of the same, nor rench, and make cleane, any kettle, pot, or pan, or such like vessell within twenty foote of the olde well, or new Pumpe: nor shall any one aforesaid, within lesse than a quarter of one mile from the Pallizadoes, dare to doe the necessities of nature, since by thse unmanly, slothfull, and loathsome immodesties, the whole Fort may bee choaked, and poisoned with ill aires, and so corrupt (as in all reason cannot but much infect the same) and this shall they take notice of, and avoide, upon paine of whipping and further punishment, as shall be thought meete, by the censure of a martiall Court.

No man shall imbezzell, lose, or willingly breake, or fraudulently make away, either Spade, Shovell, Hatchet, Axe, Mattocke, or other toole or instrument uppon paine of whipping.

Any man that hath any edge toole, either of his owne, or which hath heeretofore beene belonging to the store, see that he bring it instantly to the storehouse, where he shall receive it againe by a particular note, both of the toole, and of his name taken, that such a toole unto him appertaineth, at whose hands, upon any necessary occasion, the said toole may be required, and this shall he do, upon paine of severe punishment.

Every man shall have an especiall and due care, to keepe his house sweete and cleane, as also so much of the streete, as lieth before his door, and especially he shall so provide, and set his bedstead whereon he lieth, that it may stand three foote at least from the ground, as he will answere the contrarie at a martiall Court.

Every tradsman in their severall occupation, trade and function, shall duly and daily attend his worke upon his said trade or occupation, upon perill for his first fault, and negligence therin, to have his entertainment checkt for one moneth, for his second fault three moneth, for his third one yeare, and if he continue still unfaithfull and negligent therein, to be condemned to the Gally for three yeare.

All overseers of workemen, shall be carefull in seeing that performed, which is given them in charge, upon paine of such punishment as shall be inflicted upon him by a martiall Court.

No souldier or tradesman, but shall be readie, both in the morning, & in the afternoone, upon the beating of the Drum, to goe out unto his worke, nor shall hee return home, or from his worke, before the Drum beate againe, and the officer appointed for that businesse, bring him of, upon perill for the first fault to lie upon the Guard head and heeles together all night, for the second time so faulting to be whipt, and for the third time so offending to be condemned to the Gallies for a yeare.

No man or woman, (upon paine of death) shall runne away from the Colonie, to Powhathan, or any savage Weroance else whatsoever.

He that shall conspire any thing against the person of the Lord Governour, and Captaine Generall, against the Lieutenant Generall, or against the Marshall, or against any publike service commaunded by them, for the dignitie, and advancement of the good of the Colony, shall be punished with death: and he that shall have knowledge of any such pretended act of disloyalty of treason, and shall not reveale the same unto his Captaine, or unto the Governour of that fort or towne wherein he is, within the space of one houre, shall for the concealing of the same after that time, be not onely held an accessory, but alike culpalbe as the principall traitor or conspirer, and for the same likewise he shall suffer death.

What man or woman soever, shall rob any garden, publike or private, being set to weed the same, or wilfully pluck up therin any roote, herbe, or flower, to spoile and wast or steale the same, or robbe any vineyard, or gather up the grapes, or steale any eares of the corne growing, whether in the ground belonging to the same fort or towne where he dwelleth, or in any other, shall be punished with death.

Whosoever Seaman, or Landman of what qualitie, or in what place of commaund soever, shall be imployed upon any discovery, trade, or fishing voiage into any of the rivers within the precincts of our Colonie, shall for the safety of those men who are committed to his commaund, stand upon good and carefull guard, for the prevention of any treachery in the Indian, and if they touch upon any shore, they shal be no lesse circumspect, and warie, with good and carefull guard day and night, putting forth good Centinell, and observing the orders and discipline of watch and ward, and when they have finished the discovery, trade, or fishing, they shall make hast with all speed, with such Barke or Barkes, Pinisse, Gallie, Ship. &c. as they shall have the commaund of, for the same purpose, to James towne againe, not presuming to goe beyond their commission, or to carry any such Barke or Barkes, Gally, Pinnice, Ship. &c. for England or any other countrey in the actuall possession of any Christian Prince, upon perill to be held an enemie to this plantation, and traitor thereunto, and accordingly to lie liable unto such censure of punishment (if they arrive in England) as shall be thought fit by the Right Honourable Lords, his Majesties Councell for this Colonie, and if it shall so happen, that he or they shall be prevented, and brought backe hither againe into the Colonie, their trecherous flight to be punished with death.

There is not one man nor woman in this Colonie now present, or hereafter to arrive, but shall give up an account of his and their faith, and religion, and repaire unto the Minister, that by his conference with them, hee may understand, and gather, whether heretofore they have beene sufficiently instructed, and catechised in the principles and grounds of Religion, whose weakenesse and ignorance herein, the Minister finding, and advising them in all love and charitie, to repaire often unto him, to receive therin a greater measure of knowledge, if they shal refuse so to repaire unto him, and he the Minister give notice thereof unto the Governour, or that chiefe officer of that towne or fort, wherein he or she, the parties so offending shall remaine, the Governour shall cause the offender for his first time of refusall to be whipt, for the second time to be whipt twice, and to acknowledge his fault upon the Saboth day, in the assembly of the congregation, and for the third time to be whipt every day until he hath made the same acknowledgement, and asked forgivenesse for the same, and shall repaire unto the Minster, to be further instructed as aforesaid: and upon the Saboth when the Minister shall catechise, and of him demaund any question concerning his faith and knowledge, he shall not refuse to make answere upon the same perill.

What man or woman soever, Laundrer or Laundresse appointed to wash the foule linnen of any one labourer or souldier, or any one else as it is their duties so to doe, performing little, or no other service for their allowance out of the store, and daily provisions, and supply of other necessaries, unto the Colonie, and shall from the said labourer or souldier, or any one else, of what qualitie whatsoever, either take any thing for washing, or withhold or steale from him any such linnen committed to her charge to wash, or change the same willingly and wittingly, with purpose to give him worse, old and torne linnen for his good, and proofe shall be made thereof, she shall be whipped for the same, and lie in prision till she make restitution of such linnen, withheld or changed.

No Captaine, Master, or Mariner, of what condition soever, shall depart or carry out of our river, any Ship, Barke, Gally, Pinnace &c. Roaders belonging to the Colonie, either now therein, or hither arriving, without leave and commission from the Generall or chiefe Commaunder of the Colonie upon paine of death.

No man or woman whatsoever, members of this Colonie shall sell or give unto any Captaine, Marriner, Master, or Sailer, &c. any commoditie of this countrey, of what quality soever, to be transported out of the Colonie, for his or their owne private uses, upon paine of death.

If any souldier indebted, shall refuse to pay his debts unto his creditor, his creditor shall informe his Captaine, if the Captaine cannot agree the same, the creditor shall informe the Marshals civill & principall officer, who shall preferre for the creditor a bill of complaint at the Marshals Court, where the creditor shal have Justice.

All such Bakers as are appointed to bake bread, or what else, either for the store to be given out in generall, or for any one in particular, shall not steale nor imbezzell, loose, or defraud any man of his due and proper weight and measure, nor use any dishonest and deceitfull tricke to make the bread weigh heavier, or make it coarser upon purpose to keepe backe any part or measure of the flower or meale committed unto him, nor aske, take, or detaine any one loafe more or lesse for his hire or paines for so baking, since whilst he who delivered unto him such meale or flower, being to attend the businesse of the Colonie, such baker or bakers are imposed upon no other service or duties, but onely so to bake for such as do worke, and this shall hee take notice of, upon paine for the first time offending herein of losing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares.

All such cookes as are appointed to seeth, bake or dresse any manner of way, flesh, fish, or what else, of what kind soever, either for the generall company, or for any private man, shall not make lesse, or cut away any part or parcel of such flesh, fish, &c. Nor detaine or demaund any part or parcell, as allowance or hire for his so dressing the same, since as aforesaid of the baker, hee or they such Cooke or Cookes, exempted from other publike works abroad, are to attend such seething and dressing of such publike flesh, fish, or other provisions of what kinde soever, as their service and duties expected from them by the Colony, and this shall they take notice of, upon paine for the first time offending herein, of losing his eares, and for the second time to be condemned a yeare to the Gallies: and for the third time offending to be condemned to the Gallies for three yeares.

All fishermen, dressers of Sturgeon or such like appointed to fish, or to cure the said Sturgeon for the use of the Colonie, shall give a just and true account of all such fish as they shall take by day or night, of what kinde soever, the same to bring unto the Governour: As also of all such kegges of Sturgeon or Caviare as they shall prepare and cure upon perill for the first time offending heerein, of loosing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares.

Every Minister or Preacher shall every Sabboth day before Catechising, read all these lawes and ordinances, publikely in the assembly of the congregation upon paine of his entertainment checkt for that weeke.

Yee are now further to understand, that all these prohibited, and forefended trespasses & misdemenors, with the injoyned observance of all these thus repeated, Civill and Politique Lawes, provided, and declared against what Crimes soever, whether against the divine Majesty of God, or our soveraigne, and Liege Lord, King James, the detestable crime of Sodomie, Incest, Blasphemie, Treason against the person of the principall Generals, and Commaunders of this Colonie, and their designs, against detracting, murmuring, calumniating, or slaundering of the Right Honourable the Councell resident in England, and the Committies there, the general Councell, and chiefe Commaunders heere, as also against intemperate raylings, and base unmanly speeches, uttered in the disgrace one of another by the worser sort, by the most impudent, ignorant, and prophane, such as have neither touch of humanitie, nor of conscience amongst our selves, against Adultery, Fornication, Rape, Murther, Theft, false witnessing in any cause, and other the rest of the Civill, and Politique Lawes and Orders, necessarily appertaining, & properly belonging to the Government of the State and Condition of the present Colony, as it now subsisteth: I say ye are to know, that all these thus joyned, with their due punishments, and perils heere declared, and published, are no lesse subject to the Martiall law, then unto the Civill Magistrate, and where the Alarum, Tumult, and practise of arms, are not exercised, and where these now following Lawes, appertaining only to Martiall discipline, are diligently to be observed, and shall be severely executed.

No man shall willingly absent himselfe, when hee is summoned to take the oath of Supremacy, upon paine of death.

Every Souldier comming into this Colonie, shall willingly take his oath to serve the King and the Colonie, and to bee faithfull, and obedient to such Officers, and Commaunders, as shall be appointed over him, during the time of his aboad therein, according to the tenor of the oath in that case provided, upon paine of being committed to the Gallies.

If any Souldier, or what maner of man else soever, of what quality or condition soever he be, shal tacitely compact, with any Sea-man, Captain, Master, or Marriner, to convay himselfe a Board any shippe, with intent to depart from, and abandon the Colony, without a lawful Passe from the Generall, or chiefe commander of the Colonie, at that time, and shall happen to bee prevented, and taken therwith, before the shippe shall depart out of our Bay, that Captaine, Maister or mariner, that shall so receive him, shall lose his wages, and be condemned to the Gallies for three yeeres, and he the sworne servant of the Colony, Souldier, or what else, shall bee put to death with the Armes which he carrieth.

When any select, and appointed Forces, for the execution and performance of any intended service, shall bee drawne into the field, and shall dislodge from one place unto another, that Souldier that shall quit, or forsake his Colors, shall be punished with death.

That Souldier that shall march upon any service, shall keepe his Ranke, and marching, the Drum beating, and the Ensigne displayed, shall not dare to absent himselfe, or stray and straggle from his ranke, without leave granted from the cheefe Officer, upon paine of death.

All Captaines shall command all Gentlemen, and Common Souldiers in their Companies, to obey their Sergeants, and Corporals, in their offices, without resisting, or injuring the said Officers, upon paine, if the injurie be by words, he the offender shal aske his Officer pardon in the place of Arms, in the mead of the troopes. If by Act, he the offender shall passe the pikes.

That Souldier that in quarrel with an other shall call upon any of his companions, or Countrimen to assist, and abette him, shall bee put to death with such Armes as he carrieth.

Hee that shall begin a mutiny, shall bee put to death with such Armes as he carrieth.

Where a quarrell shall happen betweene two or more, no man shall betake him unto any other Arms then his sword, except he be a Captaine or Officer, upon paine of being put to death with such Armes as he shall so take.

If a Captaine or Officer of a Companie shall come where two or more are fighting with their drawne swords, so soone as hee shall cry Hold, and charge them to forbeare, those that have their swords in their hands so drawne, shall not dare to strike or thrust once after upon paine of passing the Pikes.

That Souldier that having a quarrell with an other shall gather other of his acquaintance, and Associates, to make parties, to bandie, brave second, and assist him therin, he and those braves, seconds, and assistants shall passe the Pikes.

He that shall way-lay any man by advantage taken, thereby cowardly to wound, or murther him shall passe the Pikes.

If any discontentment shall happen betweene Officers, or Souldiers, so as the one shall give words of offence, unto the other, to moove quarrell, the Officer or Souldier shall give notice thereof, to his Corporall, or superior officer, and the Corporall, or superior officer, shall commit the offender, and if it happen between Commanders, the officer offended shall give notice to the Generall, or Marshal, that he may be committed, who for the first offence shall suffer three daies imprisionment, and make the officer wronged, satisfaction before his squadron to repaire him, and satisfie him, without base submission, which may unworthy him to carry Armes. And the officer, or Souldier so offended, having satisfaction offered, shall with all willingness receive it, for which both producing it to his Officer, and accepting of satisfaction, hee shall bee reputed an officer, or souldier well governed in himselfe, and so much the fitter to be advanced in Commaund over others, and if any shall upbraid him, for not having sought a savage headlong revenge against his fellow, the officer or souldier so upbraiding, shall bee punished and make satisfaction as the first offender, and if any shal so offend the second time he shall suffer ten nights lying head and heeles together, with Irons upon the guard, and have his entertainment checkt for one month, and make satisfaction to the officer or souldier, as before remembered, and for the third offence, hee shall bee committed to the Gallies three yeeres. And if upon the first offence given by any officer or souldier, unto any other, in words as aforesaid, and the other returne injurious words againe, they shall both be taken as like offenders, and suffer like punishment, saving that he who gave the first offence, shall offer first repaire unto the offended, which he the offended shall accept, and then shal hee proceed to returne the like satisfaction unto the other, and if any shall bee obstinate in this point of repaire, and satisfaction, hee shall suffer sharpe and severe punishment, until hee shall consent unto it, the words or manner of satisfaction, to be given unto the Party, or parties offended, shall be appointed by the chiefe officer of the Company, under whom the officer, or souldier shall happen to bee, with the knowledge of the provost Marshall, provided, that if the Officer or souldier shall desire it, hee may appeale unto the cheife officer of the Garrison, or unto the Marshall, if hee shall be present to Judge 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 provided. And if any Lanceprizado, Corporall, or superior officer 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, upon 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 under safe guard to bee committed, and if hee bee a private souldier, hee shal give notice to the provost, marshall, or unto 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 Provost 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 favouring 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 discover 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 deserveth punishment betweene them fighting.

That officer, or Souldier that shall challenge another to fight, and hee that shall carry any Challenge, knowing it to be a Challenge, and hee 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 subject to the Censure of a Martiall Court.

That officer who shal command the guard and let such Challengers and Challenged, passe the ports, upon his knowledge to fight, shall be casseird, and if the officer be under the degree of a Captaine, hee shall bee put to doe the duty of a Centinell.

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

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

He that shall take the name of God in vain or shall play at Cards or dice, upon 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 bee whipt, and for the third time so offending hee shall bee condemned to the Gallies for one yeere.

Hee that shall absent himselfe from the Court of Guard, uppon his watch above one houre without leave of his Corporall or superior officer, shall for his first time so offending, at the relieving 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 have his entertainement checkt for one weeke, and for the third time, hee shall be committed to the Gallies for sixe moneths.

He that shall swagger, and give injurious words upon the court of guard, for the first offence, hee shall aske forgivenesse upon 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.

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

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

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.

He that shall abuse and injure the Serjant Major, the provost Marshall, either by word, or deede, if hee bee a Captaine, hee shall be casseird, if a Souldier he shall passe the pikes.

When the Officer or Souldier shall have committed any Crime, or have made breach of the publique Lawes, his Captaine shall commit him unto the serjeant Major, who having taken his examination, shall send him to the Provost Marshall, committed unto prison, that he may bee brought to be censured by a court Marshall.

No Souldier shall withstand or hinder the Provost Marshall, or his men in the execution of his office, upon paine of death.

All Captaines, Lieutenants, Serjeants, and Corporals, shall be diligent at convenient times, to traine and exercise their Companies, & shall have a care of their Armes, as they tender their entertainment, and upon paine of casseiring, and other corporall punishment, as shall be inflicted by vertue of a Marshall court.

No man shall goe twelve score from the quarter, his colours, towne or fort, without leave of his Captaine, upon 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.

No man shall sell, give, imbezzell, or play away his Armes, or any part thereof, upon paine of death.

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

No man shall depart from his guard without leave of his officer, upon paine of punishment: and who so shall be set Centinell, shall not depart from it, untill he be relieved, nor sleepe therof upon paine of death.

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 upon paine of death.

He that shall not appeare upon the guard, or not repaire unto his colours, when the Drum upon any occasion shall beate either upon an Alarum, or to attend the businesse which shall be then commaunded, shall for his first offence lie in Irons upon 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.

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

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

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

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

No Souldier may speake or have any private conference with any of the salvages, without leave of his Captaine, nor his Captaine without leave of his chiefe Officer, upon paine of death.

When the Marshall or Governour 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 fugitive deserved.

That Captaine that shall ipso facto, find any Souldier breaking these fore declared lawes and ordinances, of whatsoever company he shall be, he shall commit him to the Provost Marshall to be punished according as the offence committed commeth under the construction of the Martiall law in that case provided.

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

All Captaines, Officers, and common Souldiers, or others of what condition soever, members of the Colonie, shall doe their endeavours 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.

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 have set downe, and now shall be delivered unto every 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 therfore I commaund all men to looke 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 severely punished.

Whosoever shall give offence to the Indians in that nature, which truly examined, shall found to have beene cause of breach of their league, and friendship, which with so great travaile, desire, and circumspection, we have 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.

Whosoever shall wilfully, or negligently set fire on any Indian dwelling house, or Quioquisock house or temple, or upon any storehouse, or garner of graine, or provision of what quality soever, or disvaledge, 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.

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

Whosoever shall faine himself sick, upon the point of fight, or when any worke is to be done or slip away from the service of either, shall be punished by death.

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

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

It now resteth, that all Captaines and supreme officers, whether governor in towne, fort or fortes, or Captaine of companies shall be advised to do their indevors joyntly, and to agree in one accord, that the true and never failing Justice, 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 lives, and honourable practises of all that is good & vertuous, all things may be governed in good order, as no doubt, our Right Honorable Lord Generall doth assure himselfe, that all good and upright men that have the feare of God, and his service, and their owne honour in regard, will demean themselves no lesse, then according to the dignity of their place, and charge of their command, the united powers of his Lordships knowledge, being so full of approved noblenesse, and the well knowne, and long time exercised grounds of Piety, as without question he cannot but desire rather a little number of good men, obedient & tractable, submitting to good order & discipline, then a great armie, composed of vitious prophane, quarrellous, disobedient, and ignoble persons, wherefore in his Lordships behalfe, I must intreat all Governors, Captains, Officers, and Soldiers, and neverthelesse do injoyne, ordaine and command them to carry themselves in their severall duties and charges, according to the intention of his Lordship, declared by these present Ordinances.

Every Captaine shall cause to be read all these lawes which concerne martiall discipline, every weeke upon his guard day, unto his company upon paine of censure of a Martiall court.

Albeit the zeale which I beare unto this businesse that we have all now in hand touching the subsistance of this plantation, might justly take up all my spirits, and would require a large and passionate explanation of mine owne thoughts and promptnesse to gaine & possesse the hearts of all understanding, noble and religious spirits therunto, yet I must crave pardon (considering at this time many present impediments) if I wrap up any impatient desires & good affection hereunto, to all such unto whom these necessarie effects of my dutie and office shall appertaine, and must be declared in few words and advises, appertinent yet (if not essentiall, as heat to bloud, to the advancement hereof) my desire then by these is chiefly to let all the worthier & better sort to understand, how well it shall become their Honors, birthes, breedings, reputations & faithes, to do their bests, and emulously to actuate in this worke, the upmost of their cleerest powers of body and mind, where the travaile of both is so deerely valued, and highly interpreted by al good and wise men, who knowing the grounds of all goodnes, cannot but know this, how this hazardous voyage (as yet in her earely daies, reflecting onely the comfort of faire hopes) is undertaken by you, more to honour God, your country, & to profit your knowledges, then for any other ends of profit, which speakes for you (in despight of envie and calumnie) that you have mindes much in love with vertue, & are right noble and worthy instruments, to be imployed in so sacred and heroicke a cause, if it were well knowne heere, the care that is had of this plantation in England, and the travel that is taken therein, and the fire that doth not only burne in the generall body of our deare countrymen, to the encouragemet & joy one of another amongst themselves, but flames out (even to the view of strange nations, as well our neighbours, as far remote) for the furtherance & advancement of this honorable enterprise, there is no man here would thinke that this my induction, had either fashion or purpose of a complement. If the wisest man that ever spake or writ (except him that was both God & man) summed up all the reckonings of worldly felicities in these two words Laetari & benefacere, imploying a cheereful mirth with well doing (from which it cannot be severed) who hath more cause to be cheerfull, and inlie glad then you that have the comfort of so great weldoing, to which no other may be compared? for what weldoing can be greater then to be stocks & authors of a people that shall serve and glorifie God, which is the end of all our Creation, & to redeeme them from ignorance and infidelity, to the true knowledge and worship of God, whereby you are made partakers of this promise, that they which lead others into Righteousnesse, shal shine like the starres in the firmament, wherein be right well assured, that your happinesse is envied by many a right knowing, and excellent vertuous man in England, who cannot happly by reason of their imployments and callings, bee partakers of that Comfort heere, as they are by their Endeavors there at home. I shall not need to advise any Colonel, or Governor here for the present how to carry himself, for each mans owne experience here hath made him out go al use of my admonition, which my affection wold willingly else afford if there were cause. Only to discharge my service to god whose souldier I doe now professe my selfe imprest, in this so glorious and great a cause of his, my duty to my Soveraigne Liege Lord and King, & to his Highnesse my Royall Prince and Master, to my Country and the expectation of many Honorable select, painful, and Religious adventurers, Patrones of this businesse, I have conceived no whit impertinent to deliver and publish to every imminent officer in this Colony heere present, and for the direction and guiding of such who may heereafter arrive heere such and so many few in structions as may the better inable them to execute their charges, no whit doubting, but every Colonell, Governour Captaine, and other Officer may sufficiently understand his and their duties, as they are Souldiers, but happily not yet as they are, or may be Coloni, members of a Colony, which compriseth and involveth here, as well as all the industrious knowledges & practises of the husbandman & of his spade, as of the Souldier, and of his Sword, since as Monie is the paiment & wages of the one, so of the other are the fruits of the earth the tillage and manuring of the Land, and in very truth of more necessity & use shall we heere be of the latter then of the other, whether of you be comprehended the souldier himselfe or his Salarie, since more easie it is to make a Husbandman a Souldier, then a Souldier a husbandman. And indeed the necessity of our subsisting, and the very daunger which our enemies of this Country can any way put us unto (our Companies and people well commaunded) requiring the choise rather of the one then the other. These being then the ends and intents of this work, and so understood, by every supreme and chiefe commander, I refer him to these following instructions.

All Governors of Town or Towns, Fort or Forts, shall be ready (when so be it they shall be summoned thereunto) to take their Oaths of Allegeance unto his Majestie & of faithfulnes unto such his majesties Lieftenant, or to his Deputy or Deputies (authorised by Commission to command over and within the precincts of this whole Colony, or Colonies, by the Tenor of which Oathes they shall solemnly attest to perform all Integrity, uprightnesse, Justice and sincere administration of the discipline and Lawes in all causes and cases, for the good of the Colony or Colonies, provided and declared, and shal indevor the best they may, with all carefulnesse to advance the dignity, and subsistance of the same, as well by giving often in charge, and taking no lesse in to their owne care, both the particular preservation of all such helpes of what condition soever (especially of cattell, and all kinde of such breeders) which mayest soones redound unto the utility, and profit of the same, as by rendring the provisions of the store, and the well husbanding of the same, be they of what severall quality soever. Nor is he meanely to be watchfull, and jealous over his own waies and carriage in all particulars, makeing profession, and practise of all vertue and goodnes for examples unto others to imitate, it being true that examples at all times prevaile farre above precepts, men beeing readier to bee led by their eies, then their eare, for seeing a lively pattern of industry, order and comlinesse, wee are all of us rather swayed unto the same by a visible object, then by hearing much more in wel instructed Arguments.

Every such Governor therefore shall make it his first duty to resort dayly and usually to the divine Service, next to put in execution the Lawes duly against offenders, and withall cherish and reward the well deserving, and lastly with all worthines & circumspection, abeare himselfe unto and towards his Garrison, intreating all men as well strangers as others, with al Grace, humanity, and sweetnes of a noble nature, & manlinesse, unto all which I hartily advise, and withall injoyne every such Governor of Town or Townes, to be most indulgent, and carefull to performe, as hee will answer the contrary (beside with the losse of his own Honor with such other penalties, as the neglect of so behoofefull and necessary businesse in him, may draw upon the Colony.

Further he ought to be most vigilant, circumspect, and provident for the conservation, defending, & keeping the Town or Fort, for & unto his Majesty, wherin he is placed cheefe commander, & therfore ought the more duely to strengthen his Judgement, and remember his reputation, that he fall into neither of those extreames, which the needy and prodigall are most what culpable of, the one wasting the stocks, commodities and provisions of the store, by which he must subsist, and the other by being ravenous and corrupt in himselfe become likewise enforced to tolerate the same in his inferior captaines, and so leave the poore Souldier and Labourer, miserably pilled, oppressed, and starved.

Further he ought to provide that the companies be trained, and that they may bee made ready for the publique service, and for that the condition of this country doth require rather shot then other Armes, either for offence or defence, and time being pretious with us in respect of our dayly labours and works abroad belonging to our subsisting, in so much, as a small portion therof may bee affoorded and allowed unto such exercising and training, therefore it is appointed by the Marshall, that the Captains that shall have the Guard, during their time of Guard (their people as then being exempted from their dayly labour and work abroad) and their Officers shall teach every Souldier to handle his peece, first to present it comely, and souldier like, and then to give fire, by false firing, and so to fall his Piece to the right side with the nose up, & when their souldiers are hardy and expert in this, they shall set up a convenient mark fast by the court of Guard, at which every Souldier shall twice discharge his peece, at the releeving of the watch, morning and evening, and he that shall shoot neerest the Governor shall do wel to allow some addition of victuals, or pay, or some prize of incouragement, that every one may therby emulously contend to do best: Concerning the training, and cleanely exercising of their Armes, & their postures, the captains shall have order and directions for the same under the Marshals hand which they shall put in Execution during the time of their Guard.

41 It is also required that the Governor never lie out of his Towne or Fort whereby hee may the better keepe good espiall upon all officers, that they perform their several duties each one in his place especially in good observation of the watch & Guard, for the more confident securing the charge committed to him:

Hee shall not suffer in his Garrison any Souldier to enter into Guard, or to bee drawne out into the field without being armed according to the Marshals order, which is, that every shot shall either be furnished with a quilted coate of Canvas, a headpeece, and a sword, or else with a light Armor, and Bases quilted, with which hee shall be furnished: and every Targiteer with his Bases to the small of his legge, and his headpeece, sword and pistoll, or Scuppet provided for that end. And likewise every Officer armed as before, with a firelocke, or Snaphaunse, headpeece, and a Target, onely the Serjeant in Garrison shall use his Halbert, and in field his Snaphaunse and Target.

The Governour shal have a Principall care, that he use his Garrison to the dayly wearing of these Armors, least in the field, the souldier do finde them the more uncouth strange and troublesome.

Lastly the Governor shall have a singular care to put in execution all such Orders and Instructions as shall bee delivered unto him from the Generall, or his deputie or deputies, concerning the imployments of his Garrison upon such manuall works and duties, as shall be thought necessary and convenient for the better subsisting both of the Laborer, and the Garrison committed unto him: In which is not to bee forgotten the chary conservation of powder, and munition, which will the better inhable him for the defence of his Charge.

The Governor shall be better instructed by taking notice of the Lawes published, that these following abuses are provided for, impious and malicious speaking against the holy and blessed Trinity, Blasphemy, and taking Gods holy name in vain, traiterous words against his majesties person, or Royall Authority, unreverent Demeanor towards the Ministers and preachers of the same, the detestable crime of Sodomie, incest, theft, murther, false witnessing, treason against the person of the Generall, and principall Commaunders of this Colony, and their designes, against Detraction, Murmuring or slaundering of the Right Honourable, the Councell resident in England, and the Committies there, the Generall Councel and Subalternate Commanders, heere, as also against intemperate raylings & base unmanly speeches uttered in the disgrace one of another, all which the Marshall Law, as well as the Civil Magistrate is to punish, but these which concerne in particular the military Discipline, to inable your judgement for your sentence to be required, that it may with greater cleerenes, and understanding, called to censure offences in the Marshal court be delivered, I have abstracted, as followeth

Conference with the enemy, without leave or warrent, from the Lord Generall, Lieutenant Generall, Marshal, or chief & principal command for the present.

The designes, enterprises, and estate of the Colony, revealed to what enemy soever, by privy messengers, or missives, or otherwise in what sort soever.

The not present advertising, & giving notice unto a cheefe Commaunder, of such things as any man knoweth intended any way, or by any body, for the domage, mischiefe, or ill of the Colony, or the concealement in any one of any matter of importance, and moment for the good of the Colony.

Running unto the enemy, or intending, and plotting to runne albeit prevented.

Of any one taken prisoner by the enemy, having meanes to escape, & not returning to the Colony againe, unlesse hee have given faith.

Of attempting commotion, giving occasion of sedition, or Muteny in the Colony, or seducing any labourer or souldier from their duty, divine, civill, or martiall, or from their appointed works and labours.

Of disclosing or giving the word unto the enemy, or unto any other, where it ought not to be given.

Of receiving, or protecting any Indian, stranger, or suspected spie, or supposed enemy, into house, or any covert, without making it knowne to the General, or chiefe officer, and without leave from him so to do.

Suspitious and privily entring into the Campe Town, or Fort, or going out by any other waies and issues, then those which are accustomed, as over the Ramparts, Pallizadoes, Trenches, &c.

Of doing any act, or contriving any practise, which may prejudice the service of his Majesty commanded for the good of the Colony, by the Generall, or chiefe Officer.

Of breaking the Truce, or peace at any time concluded with the Indian, without leave & warrent expresly given, by him who hath power so to doe.

Of pillaging, or violently forcing from any Indian to friend, without leave.

Of ransacking, ransoming, or violently outraging, and dispoiling the Country people, or making war upon them, be it in body or goods, unles they be declared enemies, & warrant given to make prise of.

Of laying violent hands on his Captaine or other superiour officer, and generally uppon any one whatsoever, to whom duty & obedience is due, especially if it be in the executing of his Office.

Of him who shall see his superior, or chiefe officer in danger, and shall not doe his indeavour to rescue and relieve him with all his force, and power.

Of him who shall violently or hardly intreate, or kill his souldier, without good, & lawfull occasion, or that he have deserved to be so intreated, not to satisfie his owne pleasure and appetite, to punish in colour, and revenge, thereby thinking to make himselfe more redoubted, a brave man, & to be feared, remembring well, the life of a souldier, or a laborer, belongs to none to take away, but to the Lord Generall, Lieftenent General, Marshal, or their deputy or deputies.

Of killing any one, except it be in his own defence.

Of striking or fighting with an other man, having a quarell unto him, and not holding his or their hands when an officer or third party comes between and cries, Holah.

Of making debate, raising question, or laying his hand on his sword, and drawing it in the Court of Guard, in Ambush, or other place, where he ought to be modest, peaceable, silent, & keep himself in covert.

Of assaying or indevouring by bravery, & chiefly by trechery, to outrage or injury any one without a cause, in deed or in words, privately behind his backe like a slie coward, or openly to his face, like an arrogant ruffian, since words are the parents of blowes, & from quarrels infinite disorders, and mischiefes gather head whether in Campe, Towne, or Fort.

Of revenging a new wrong, or old injury, by any course, contrary to the peace of the camp or Colony.

Of running where any quarrell is a foote, and companies gathered together, furnished with other Armes then his sword.

Of taking away any money in bravery, wonne from another, or gotten by play otherwise without the will and consent of him, from whom he wonne it, or cheating or cosenage in play.

Of not repairing to the place of Armes, or Colors at the publique beating of the Drum.

Of wilfully firing any place, without order from the superior officer.

Of sacriledge or taking any goods out of Churches, or Temples, be they sacred or prophane, without license from the chiefe commander.

Of a souldier enrowling himself in two companies at one time.

Of going out of one company into another, without leave of his Captaine.

Of absenting himselfe from the Campe, towne, or fort, without permission of a superior officer.

Of him that shall receive his pay, and shall go away without speaking a word, it is a case capital, and worthy of death.

Of suborning souldiers the one from the other, which is an evill example, and which doth draw many inconveniences with it.

Of quarrels, debates, and revenge.

Of failing to go, or refusing to follow, where his ensigne shall march, or else where that he shall be commaunded by those who have authoritie so to commaund without enquiring the cause.

Of abandoning his ensigne without leave or going from the place assigned him, be it in fight, in the court of guard, Centinels, or other part, not brought of by those who placed him there, or others having the same authority.

Of a Souldier not doing his endevour to recover his ensigne, if the enemie have taken it.

Of being wanting at his watch, upon his time appointed, or of going of the Guard without leave, albeit under a colour of espie.

Of being found sleeping in Centinell, or of him who placed upon some Guard or watch by his negligence hath given meanes to the enemie, to do some spoile in the campe, towne, or fort, and to surprise them at unawares.

Of running away from the battell, conflict, or assault, &c. and of him that marcheth too slowly, or maketh delaies in any other sort.

Of a Souldier faining himselfe sicke, when any service is to be performed.

Of yeelding unto the enemy, a place which he hath in gard, without doing first his duty to the uttermost, & be not constraind unto it, according to the quality of the same, & the state whereunto he shall be drawn.

Of being appointed to defend a breach, trench, or passage, comitted unto his charge, & do forsake it altogether, without being forced thereunto by the enemy.

Of entring into any place taken by force, & pillaging the same, not following his colors, or forsaking the same, without a publike proclamation, made by the chiefe commander, that it shal be lawful so to pillage.

Of a souldier being found unfurnished of his armes, and of such furniture, as he is appointed to weare and ought to have, by losing them in play, or in cowardly runing away, or otherwise by his default or negligence.

Of a souldiers going from his quarter, town, or fort, without he have leave from a superior officer.

Of a souldier advancing himselfe, to go before the troopes, be it to come first to his lodging, of for any other occasion, or wandring heere and there, and stragling when he should march.

Of not retiring so soone as the drum or trumpet shall sound retreat, whether it be comming out of any towne, or skirmish, or any other fight.

Of speaking loud, or making a noise in the battel or any other place, where silence is to be used, except those who have power to command.

Sithence, as in every living creature, there be many and sundry members, & those distinct in place and office, and all yet under the regiment of the soule, and heart, so in every army, commonwealth, or Colonie (all bodies a like compounded) it cannot be otherwise for the establishment of the same in perfect order and vertue, but that there should be many differing parts, which directed by the chiefe, should helpe to governe and administer Justice under him. And if it be thus in this civill Audit, & courts of a well setled State, much more sure as it required, to be in their beginnings, and no lesse shall we read, how that first & great commander over the Colony of the children of Israel, conducting them from Ægypt to make their plantation in the land of Promise, appointed Captains over Tribes and hundreds for the wars, and Elders to sit upon the bench (whilest unto himselfe all great causes were brought, whether martial, or civil to direct and determine it otherwise being impossible, so many and infinite occasions both being to be thought upon, and requiring judiciall audience, should ever come by one man (of how indefatigable a spirit soever) to be decided or determined. Out of this example commended unto us by the holy writ, it may wel be, that many Officers are still continued in all united societites, religious and wel governed: having then thus religion, beside prescription and reason, (which mine owne breeding hath taught me how to make the best use of) to be my guids in this new settlement, and in this strange and heathenous (contending with all the strength and powers of my mind and body, I confesse to make it like our native country, I am not a little careful to adhere & take unto mine owne endevours, as many furtherances, as may helpe to worke out with me the ends of this great imployment, which hath now possessed and furnished all states of Christendom with discourse and expectation what may be the issue thereof, & to what perfection so great, & frequent levies of monies, & annuall transportations for these foure yeares of men, and provisions, may bring this English plantation unto. And as I have constituted subalterne officers according both to the ancient & moderne order of the wars, and well approved the government & magistracy, resembling and maintaining the lawes of England, so I have taken paines to present so many & such instructions to such speciall officers (whom our necessity teacheth to establish amongst us) as may most neerest concerne them for the present, (leaving our yet I confesse many appertinent ones) which the time & our earely daies here of settlement may not yet admit of. Let me advise therfore every officer now established, to hold it a service of duty faithfully to execute such orders and instructions, as I have made it my mindes labour to expresse and draw out for him: and amongst the rest (our no little safety consisting in our watch & guard as wel by day as night, we being set down in a stranger land, savage, and trecherous, and therfore many sodaine and barbarous accidents to be feared, I have as followeth extracted the duty of the captaine of the wrath an office not meanly appertaining and necessary unto this Colony, and whose ignorance, and supine negligence may much indanger the safetie thereof.

That Captaine who is Captaine of the watch, must have a speciall care of the safeguard and preservation of the Towne or Fort committed to his charge, and of the lives and goods of the soldiers, and Inhabitants, that through his defect, negligence, or Ignorance in his charge, he gives not the opportunity to the enemie to execute any of his deseignes, for the indamaging of the place or the Inhabitants: Now for the more faithfull executing of his charge, he shall doe well to take notice, that being the chiefe commander of the watch, he is to answere for all Disorders, Misrules, Riots, Tumults and what unquietnesse soever, shall happen in the Towne or Fort, and that if any of these shall fall out to be, he is to commit the parties so offending, to the Provost Marshall, making the Governour there-with acquainted, that the offender may receive such punishment, as his fault shall deserve, of what quality soever he be.

At the setting of the watch, he is to repayre to the place of Arms, with his Gorget about his neck, if his company have not the Guard, there to be present with the Sargeant Major, at the drawing of the Billets for the Guards, that he may the better know the strength of his watch, and how the companies are disposed upon their Guards.

He is to remaine from the setting of the watch upon the main court of Guard, or Guard appointed for him & his Rounders, that if any occassion present it selfe wherin his endeavour is to be used, hee may be the readier found to receive the chiefe Officers direction, or to reforme any abuses that shall come to his knowledge, by the misdemeanors of any to bee found in the campe, towne or fort.

The Ports being shut, and the word delivered out from the Governor, he is to see that al his Gentlemen, appointed for his assistants, doe come upon their guard, where he is so to order it that by drawing of Billets according to their lots, they may execute their rounds, whither first, second; third, &c. and after the Corporalls have set our their centinells, hee is to passe from his court of guard, with three or foure of his assistants, and so to make the round about the campe, towne, or fort, from guard to guard, receiving from every Corporall the word of the guet, that their be no error, or abuse, by variety of word: after which he is to goe into the court of guard, to see that such officers, rounders, and soldiers, apoynted for that guard, bee there present upon their guard, then hee shall search the peices whither they be charged with Bullet, and that the soldiers bee furnished with poulder and match for the better defence of the guard, committed to his charge, so commanding and injoyning every officer, and soldier to execute his duty, for ther better security of the campe, towne, or fort: hee shall depart to the next guard there to doe the like, and so from guard to guard, until he hath visited all the guards and centinells of his watch, giving in charge to the officers of each guard to send forth their rounders, according to their order and directions.

Further hee shall command all disordered people untimely (sitting up late in usuall assemblies, whither in privat meetings, publike tap-houses or such like places) unto their rests, for which he shall cause all fire and candles to bee put out and raked up in the towne, and such night-walkers, or unruly persons whome hee shall meete in the streets, he shall either send to their lodgings, or to the Provost Marshall, according as their misdemeanour shall require.

Hee being returned to his owne court of guard shall see his rounders set forth every one according to his order of Billet, from houre to houre, and he shall informe him-selfe from these rounders which walke their rounds, two howers before day breake, whither the Captaines and their guards, and their companies bee in armes according to their duties: if they bee not hee shall walke a round towards the morning unto those Guards, and cause them to be put in armes, and shall informe the governour of those Officers neglects, that they may receive punishment: after this at the discharge of the watch, hee is with his guard to attend the Serjeant Major for the safe opening of the Ports.

At the opening of the Ports, hee shall cause the people to stay that are to goe out of the Towne, a pretty distance from his guard, that they may give no incombrance to his guard, untill such time, as he hath sent out certaine Serjeants to discover forth right, and upon each side, as farre as the limmits of that fort are prescribed: At the returne of the Serjeant, hee shall cause those of the Towne to goe out leisurely and without thronging or confusion, and those without to come in, in like manner, warning the Gards to stand in armes one houre after.

From thence hee shall returne to the maine Guard or place of armes to assist the Serjeant Major for the disposing of such men as are appoynted unto their severall busines and workes of the Colony for the whole day following: and likewise to see that those Captaines, who have the Guard, do put in execution the commandements of the Marshall for the trayning and disciplining of their men for the better inabling them to the service of the Colony.

After which he shall do well to present himselfe before the Governour, or chiefe Officer, to understand his further commaunds.

It shall bee his duty the time beeing come, when the general morning worke is to be left off, to cause the Drum to beate, and with his Guard of Rounders to assist the Captaines or Capt. to bring the laborers into the Church to heare divine service, which beeing ended hee is to returne to the maine Court of Guard, there to be present for the ordering of all matters whatsoever to happen, during his time of being Captaine of the watch, and when it shall so fall out that the Indians do at any time come in way of trade or visitation unto the Camp, towne or fort, he shal leave order with the Guards that they suffer not them to enter before such time as they have made him acquainted first of their beeing there, who shall informe the Governor to know his pleasure, which beeing understood hee shal so accomplish, at al times, appointing Guards uppon such Indians, that they do not steale any of our Tooles, Axes, Howes, Swords, Peeces or what thing else; and that none of our people talke publickely or privately with them, or that they truck or trade with them, or doe any other unorderly Act, without leave granted for the same from the Governour, or chiefe Officer, the omission of which duty, will be required at his hands.

Hee must likewise take notice of all such breaches of the publique Lawes and Articles, as shall bee committed in the time of his Guard, and accordingly command such persons to the Provost Marshall, as shall bee found trespassers and breakers of the said Lawes and Articles.

At the time or houres appoynted for the afternoone worke of the Colony, every labourer to his worke, and every crafts man to his occupation, Smiths, Joyners, Carpenters, Brick makers &. He shall cause the drumme to beate againe, to draw and call forth the people unto their labour, when againe the worke on all hands towards night being to bee left off, hee is to cause the drumme likewise then to beate, and as before assist the Capt: with the whole company to bring them to evening prayer.

If it shall so bee that hee bee Capt. of the watch upon Sonday, it shall be his duety to see that the Saboath be no waies prophaned, by any disorders, gaming, drunkennes, intemperate meeting, or such like, in publike or private, in the streetes or within the houses.

It shall be his duty halfe an hour before the divine service, morning & evening, to shut the Ports and place Centinels, and the Bell having tolled the last time, he shal search all the houses of the towne, to command every one, of what quality soever (the sick and hurt excepted) to repaire to Church, after which he shall accompany all the guards with their armes, (himselfe being last) into the Church, and lay the keyes before the Governor.

If at any time any alarme be taken, he is to strengthen himselfe from the maine court of gard, taking a compenent proportion of that guard, for the securing of his person, and so to repaire to the place where the alarme was given, to enforme himselfe by what means the alarum came, causing his rounders to command all guards to be in armes for the readier execution and resistance of any perill, and conservation of their charge, and if he find the alarum to be truly given, and that the enemy approch the Fort, towne, or campe, he is to send to advertise the Governor or chiefe officers to know his directions for the assembling of guards, and ordering and drawing a force for the better prevention of the enemies designes.

Lastly, when the guard is set, and another Captaine hath the watch, hee shall present himselfe before the Governor or chiefe Commander, to give account unto him of all such accidents, trespasses and neglects, as have been committed during the time of his watch.

Thus to conclude, though his office amongst many others be a chief and principall office, and there be many weighty and frequent duties required in this great duty of the Captaine of the watch, yet these are the most essentiall and necessariest which I can yet advise, the neerest to concerne us.

The Captaine that will honestly and religiously discharge himselfe, and the duty entrusted to him, shall doe well to conceive of himselfe, as the maister of a family, who is at all times so to governe himselfe, as knowing assuredly that all the crimes and trespasses of his people under him shall bee exacted at his hands, not onely by his superior officer and Judge here, but by the great Judge of Judges, who leaves not unpunished the sinnes of the people, upon the Magistrates, in whose hands the power and sword of Justice and authority is committed, to restraine them from all delinquences, misdeeds and trespasses. And moreover since the Captaine is to know, that not onely the command of their civill duties is at his directions, for which he is to answer, but likewise al their actions and practises which shall breake forth in them, contrary to the divine prescriptions of Piety and Religion: their perjuries, blasphemies, prophanenesse, ryots, and what disorders soever, and generally all their breaches of both the sacred Tables, divine, and morrall, to GOD and man, and in this place most especially, where the worke assumed, hath no other ends but such as may punctually advance the glory, and propagation of the heavenly goodnesse, for which so many religious lawes and ordinances are established, and declared, all tending to the subsisting of a Colony, the first seed-plot and settlement of such a new temporary kingdom and state, as may reduce, and bring poore misbeleeving miscreants, to the knowledge of the eternall kingdom of God (therefore by him first shut up in misbeliefe, that in due time, when it should so please him, hee might againe on them shew mercy) It is carefully therefore by each Captaine to be considered, how pretious the life of a poore souldier is, but how much more pretious his soule, and that he make conscience how he expose the first to apparant ruine and mischiefe, or suffer the other to run on into headlong destruction: for the first let his wisedom, knowledge, and circumspection be ever awake, and ready how to imploy, and when and with what assurances, regards and cautions, either left to his owne power, or prescribed him by vertue of these from the Marshall, and for the other, let him first be mindfull to give witnesses in his one life, how carefull hee is to please God, who must blesse all that he undertakes, and walke himselfe in a noble example of Justice and truth; which doth not onely enforce a reputation and respect from other men, but an imitation and following of the like by other men: And unto this may the diverse and frequent changes and strictnesse of the place where we are, and the hardnesse of the many with whom he shal have to do, with other changes & difficulties be motives sufficient to perswade him, in which yet let him remember this, that it is in vaine in such place as heere, to pretend onely to bee vertuous and religious, except a man bee vertuous and religious indeed, and that vertue extend it selfe to example. But since I assure my selfe that of this advice no Capt. voluntarily imploying himselfe in such a busines as this is, and onely for the businesse sake, hath any need, I commend him to the following instructions.

Every Captaine shall (if conveniently hee may) present himselfe before his Colonel or Governor, once a day, to understand his commands, the which hee must bee carefull, neither to exceed at any time, nor bee defective in their full accomplishment, albeit he shall have a shew and presentment at any time of a better advantage, since concerning his imployment hee may bee ignorant of the chiefe commaunders ends.

Hee shall doe well to have a speciall eye and regard over his company, that they as well breake not the publique lawes, and Orders prescribed them, but also performe all dueties and services unto which they shall bee for the present commaunded, the which that hee may with the better aptnesse and conveniency draw them unto, it shal be his duty to have knowledg, and take notice of every one of his under Officers, offices and duties; that he may the readier reforme faults committed, eyther by negligence, or ignorance, and at the time of watch he shall send his Serjeant to the Serjeant major for the word, and if he have the watch himselfe, hee shall after the word given out, call upon his court of guard, all his company (unlesse his Centinels) and assembled together, humbly present themselves on their knees, and by faithful and zealous prayer unto almighty God commend themselves and their indeavours to his mercifull protection.

After prayer, either the Captaine himselfe, or some one of his under officers, shall accompany the Centinell to the place of Guet, after which he shall search all the pieces upon the court of guard, that they be charged with bullet against the Captaine of the watch or Serjeant Major shall come to visit them, and also that they be furnished with Poulder and Match, for the discharge of their duties, during the time of their watch and ward: and it is his duty, after that the Serjeant Major or Captaine of the watch have made their round some time after midnight to walke his round, to see that his Centinels do hold good watch in their guet, & that all things be quiet and peaceable, and no disorders in the towne, and that if alarum be given, he give order to his Centinels to take it with al secrecy, without any tumult or noise made, for the exact performace whereof, he must have especiall care that he weaken not his guard, by giving leave unto any of them to be absent from the guard, but upon just and lawfull cause, & reason to be allegded: likewise he is to appoint certaine gentlemen for rounders in his company, the which are to make their said rounds from houre to houre, according to the directions of the Captaine of the watch.

Further, about two houres before day, the Captaine shall put on his armes, and cause all his company to arme themselves, and so to stand in armes until one houre after the discharge of the watch in the morning, which time expired, he shall returne with his company unto the court of guard, and there, with publike praier, give unto almighty God humble thankes and praises, for his mercifull and safe protection that night, and commend himselfe and his, to his no lesse mercifull protection and safegard for the day following.

And because that, during the watch, that time is appointed for the exercising of his men, and fashioning them to their armes, he shall set up a convenient marke by his court of guard, where hee shall teach his men the exercise of their armes, both for the comely and needful use thereof, as the offensive practise against their enemies, at which marke his men shall discharge their pieces twice, both morning and evening, at the discharge of the watch, having procured from the Governor some prize of incouragement due unto him that shall shoot neerest, then he shall file and ranke, & exercise his men in such military actions, actions, according unto such forme and exercise, as he shall receive from the Marshall, not forgetting by the way, that all the Courts of guard, and all the members of the watch and ward, are under the command of the Capt. of the watch.

Further, the Captaine is to make it his especial duty to have religious and manly care over the poore sick soldiers or labourers under his command, for which cause he shall visite such as are sick, and provide so that they bee attended, their lodgings kept sweet, and their beds standing the same height from the ground which is provided for in the publique Injunctions, as likewise hee shall call for such things for them out of the store, or from the Phisitions or Surgeons chest, as the necessitie of their sicknesse shall require.

Further he is to know, because we are not onely to exercise the duty of a Souldier, but of the husbandman, and that in time of the vacancie of our watch and ward wee are not to live idely, therfore the Captaine sending his Serjeant to the Serjeant Major for the word, shall likewise give in charge unto his Serjeant to make demand of the Serjeant Major, what service, worke, and businesse he hath in charge, from the Governor, to command him and his men to goe uppon him the next morning, after notice whereof, he shall so provide, that he and his men be ready at the relieving of the morning watch, the Drum summoning him there-unto to effect the same, for which he shall bring his men unto the place of Armes, by the maine Court of guard, where the Serjeant Major, or the Captaine of the watch, shall conduct them to the place of the subsisting businesse, providing them such labouring and needfull Instruments or tooles, as the worke for the present shall require, in which worke the Captaine himselfe shall do exceeding worthily to take paines and labour, that his souldiers seeing his industry and carefulnesse, may with more cheerfulnesse love him, and bee incouraged to the performance of the like in that businesse whereupon they are imploied, contrariwise himselfe taking his ease, and injoying them to toile and worke, may breed both a weariness of the businesse in the imployed, and give a way unto much hatred, and contempt unto himselfe.

Now concerning the tooles and instruments, and the furnishing his soldiers therewith, the Captaine shall send his Serjeant to the store to make demand thereof, and leaving a note under his hand for the receipt of the same, thereby charging him-selfe to the redeliverie of them againe at the finishing of the worke. The companies thus furnished, and being assembled in the place of armes, the Serjeant Major or Captaine of the watch, upon their knees shall make their publike and faithfull prayers unto almighty God for his blessing and protection to attend them in this their business the whole day after succeeding, which being done, the Serjeant Major or Captaine of the watch shal extract out of the companies howsoever devided, and deliver unto every Maister of the worke appointed, his propper and severall Ging, to take their wayes thereunto, where the said Maisters and overseers of such workes shal be present with them to labour, and hold to labour such his Ginge untill 9. or ten of the clock, according unto the coldnesse or heat of the day, at which time he shall not suffer any of his company to be negligent, and idle, or depart from his worke, untill the Serjeant Major, of Capt. of the watch causing the drum to beat shall fetch them in unto the Church to heare divine service, which beeing effected, every man shall repaire to his lodging, to provide himselfe of his dinner, and to ease and rest himselfe untill two or three of the clocke in the after-noone, acording to the heat and coldnesse of the day, at which time the drumme beating, the Capt: shall againe draw forth his company unto the place of Armes aforesaid, to bee disposed of as before uppon their worke until five or six of the clocke, at which time the drumme beating as before, at the command of the Sarjeant major or Capt: of the watch, they shalbe by one of them brought in againe unto the Church to Evening prayer, which beeing ended they shall dismisse the company; those that are to set the watch, with charge to prepare their Armes, the others unto their rests and lodgings.

All these duties the Captaine must not be ignorant nor negligent to put in execution, as being duties which will be exactly required at his hands by the Marshall, as also so to behave himselfe that he may be as well beloved as obeyed of his souldiers, that thereby they may as well know, how to obey, as he to command, and that he endevour by all meanes to conserve his men, as annoy his enemy, & painefully to execute with al diligence such matters as he is injoyned by his superiors, and to have no apprehension of feare, but of shame and infamie.

When the Captaine is present he is to be assisting to his Captaine, in providing that all directions that are commanded by the Superior Officer, as well his Captain as other, be put in execution, that the company be well and orderly governed, and such duties duly and dayly performed as are injoyned by the Governor or chiefe officer: and likewise that the duties of the inferiour officers or Soldiers be no lesse diligently and sedulously discharged, for he being, as is said, a helpe, and aide unto his Captaine, is therefore accountant to and with his Captain for such omissions, disorders and neglects, as the company shall be found faulty in.

He ought faithfully to informe his Capt: of all abuses, disorders, neglects, and contempts that shall happen in the company, of what nature or condition soever they bee.

If his Captain shal at any time demand his opinion in any matter of consequence, he shall faithfully and sincerely deliver it, but not presume to advise his Capt: undemanded, unles it be upon extraordinary occasion of present and imminent perill.

It shalbe his duty in all quarrels, braules, debates, and discontentments of his soldiers to accord and agree them without partiallity, and with the least troubling of his Cap. with the same, & if he cannot with his curtesies, and gentle interposition worke them into peaceable agreement, hee shall them acquaint his Captaine, and afterwards faithfully put in execution his Captaines directions.

He ought to traine & exercise the company that they may be expert in the use of their armes when they shall be commanded to publike service.

He ought likewise to see that the inferiour officers be duly obei'd the one by the other without singularity or contradiction, & the soldiers obey them all in generall, each one according to his place.

By his care every Squadron shal have his armes serviceable and cleane, and at the setting of the watch that they be provided of pouder, match, and bullet, for the defence of the guard, and if the company be unfurnished to advertise his Captaine, or send his Serjeant to the munition Maister, that order may bee presently taken for the supplie thereof.

Hee shall doe well, if conveniently he may, morning and evening (or at least once a day) to present him-selfe before his Captaine, to know his commands, and to informe his Captaine of the state of his Companie.

It shalbe his duty to have care that the company bee ready (as is exprest in the Captaines duty) to go forth and attend the daily businesse, and publike labour appertayning to the Colonie, which shalbe commaunded by the chiefe officer, In which hee shall have a hand in executing, and an eye in over-seeing , that every one take his due paines, and not loyter, and idlely mispend the time appoynted unto the dispatch of such businesse.

Hee is to have a hearty and religious care that the souldiers doe not make breach of the lawes, and duties, divine, civill, or martiall, injoyned them to observe upon so necessary reasons and strict penalties, but that he informe, correct and punish to the utmost of his authority limited, the trespassers of the same, or the omission of any duty whatsoever, with the approbation of his Captaine.

Hee is not to make it his least care to over-see and take charge of the lodging and bedding of all in generall in his company, that according to publike edict the preservation of their healths be provided for, and that one point of slothfullnesse in the common soldier prevented, and met with, of lying upon or to neere the ground, which neglect in the officer hath bin the losse of many a man.

For his order of command and march in the field, and quartering he shal be appoynted the manner thereof by the Marshall, when occasion of service shall so require, like-wise the order of trayning and exercising his Captaines company he shall have under the marshalls hand.

Hee is amongst other his duties most carefully, like a charitable and wel instructed Christian, mercifull and compassionate, make often and daily survey of such of his company as shalbe visited with sicknesse, or wounded by any casualty of warre, gunpoulder, or other-wise, in which hee shall take such order that the lodgings or such as shalbe so sicke or hurt, be sweet and cleanely kept, them-selves attended and drest, and to the uttermost of his power to procure either from the store, or Phisition and Surgeons chest, such comforts, healps, and remedies, as may be administred and applied unto them, and to have care that they be not defrauded of those meanes and remedies which are for them delivered out of the said store or chests.

And for that this officer is in the abscence of his Captaine to be called unto the Marshall Court as his deputie, for the better inhabling or his judgement, when his opinion is to be required in the censure of offences and crimes of what quality soever, which shalbe brought thither to be sentenced, I refer him to the abstract of the lawes in breefe anexed unto the duty of his Capt.

It is requisite for every soldier to stand upon his credit and reputation, proposing unto himselfe that there can be no lesse equall, or to be compared with dishonour, & sure in matters of armes and their execution, what dishonour can bee greater then the losse of the ensigne, for which it ought to be committed to the charge of a right valiant, and well governed soldier, who may not leave nor loose it, but where the losse of his life shall quit him of that duty.

So farre as toucheth his command, or government in the company, he is to know that he hath no command where his Captaine or Lieftenant are present, but in their absence I referre him to the duty of the Capt: which he is to execute as religiously, painfully, and circumspectly as the Captaine: he beeing answerable unto his Captaine for all defects, neglects, disorders, and contempts of duties, in his company whatsoever.

In the government of his company he is to be asistant unto his superiour officers, in teaching and inabling all his inferiours, every one his perticular duty, with faire perswasion and all gentlenes, and sweetnes of command, and if any thing shall happen, either disorders or neglects of duties, it shall be fit for him to advertise his superior officers that redresse may be had, for he hath no power of himselfe in their presence to punish, correct, or do any act of executions upon his companions.

When the time of exercise and training shalbe of the companie, he shall be there ready and assistant unto his superiour officer (if so be it his colours be not drawne forth) for the better furtherance of him in the so training, and disciplining of the men.

Hee shall see all commands of his superior Officers put in execution, and not stand ignorantly in defence (as some have) and it is the property of the ignorant so to do, that he is tyed to no other duties, but to the carrying of his colours. For no inferior officers duty, whether Sargeant or corporalls, but he is to performe and execute (if they shall be by any disaster, defeate, or visitation of sicknesse disabled personally to discharge it themselves) being so commanded by his Superior officers, during the time of guard, yea the duty of the Centinell he is to undergoe, and from which neither the Captaine nor Lieftenant are exempted upon urgent occasion.

In the hapning of any dispute, quarrell, or debate amongst the soldiers, the same being brought to his knowledge, he shall do his best to end and compound, whose authority & perswasions, if they shal not be powerfull enough to reconcile & set at one, he shal then informe his Lieftenant, or Captaine: that order with the most speed & convenience, may be taken therein.

He shall hold it his duty to visit the sick or hurt in his company, and to his power of them take the same care, and make the same charitable provision for, as is injoyned both the Captaine and Lieftenant.

It is his duty to command the Corporalls to bring their squadrons to his lodging, who shal conduct them to his Lieftenant, and they both conduct them to their Captaine, at the beating of the Drum, whither for any manuall labour and worke, for the Colony, or whither to bee lead unto the Church at any time to heare divine service.

He is to visit the armes of the Company, and at the setting of the watch to take care, and so at all time, that they be not unserviceable, and if any want bee then of match, poulder, or bullet, or what else defect, hee is to advertise his Superior Officers, that they may then and at all other times bee supplied and amended.

To bee breefe hee is an assistant to the Lieftenant in the same nature that the Lieftenant is to the Captaine, and may not by any meanes intrude into the command of the one or other, they being present.

In the absence of he Captaine, and Lieftenant (when hee is then to bee Captaine of the watch) I referre him to the duty of the sayd Captayne of the watch.

For his Order of march, and flying of his collours, and his carriage in the field, and upon service, he shalbee ordred and instructed by word of mouth from the Marshall, when occasion shalbe offered.

Thus mutch is needfull for him to know touching his command, and his carriage to his officers and company, so far forth as hee and they are soldiers, and as the necessity of this present state and condition which we are in doth require. But concerning the publike and dayly manuall businesse which appertaine to our setling there as Planters of a Colonie, he is to make it his duty, to be a diligent not onely over-seer, but labourer, himselfe accompanying therein, and seconding the example of his Captaine, and industrious Lieutenant, that the necessary and daily taskes of such workes and husbandry (without which we cannot here keepe footing, nor possibly subsist) may be in due time accomplisht and brought to passe.

That Captaine who shall dispose of a Halbert, by vertue whereof a Serjeant is knowne, ought to make choise of a man well approoved, that hath passed the inferior grades of a resolute spirit, quick apprehension, and active body, for it is a place of great paines and promptitude, and that Serjeant who will be able to execute his duty in sinceritie and uprightnesse, must not be slack to punish where it is deserved, nor over rash to abuse his authority, unbefitting an officer of such moment.

This officer hath in the absence of his superior officers the command of the company, to see them doe their duties, and observe lawes and orders in all things, and punishment of them by his Halbert, or otherwise in his discretion, for defect or negligence in any part of order.

This officer is to attend upon the Serjeant Major for the word upon the shutting in of the Ports, at the Governors lodging or place of armes, according as the Serjeant Major shall appoint, then he is to give the word to his Captaine, Lieftenant, and Ensigne, and unto his corporall or corporalls having the guard.

Hee must see the Soldiers of his company furnished and provided with munition, as shotte, poulder, and match, at the setting of the watch.

Hee is to call, or cause to bee called the Corporalls roule, to see who are absent or negligent in the discharge of their duties.

Hee is to see each souldiers armes cleanly kept, and serviceable, and if default be, he is to reproove the corporall for his negligence in the over-sight of that dutie, and to punish the souldier.

Hee must see the souldiers practise their armes, and therefore it is requisite that he kwow the use of all sorts of armes himselfe.

If the watch be set by squadrons, he shall leade that squadron, that is to watch to the Parado, and there draw Billets for his guard, and from thence lead them to the guard.

He shall see the setting out of the Centinels, and after shall have care that silence and good order be kept upon the guard, and that no man depart from the guard without the leave of him, or his corporall, and that no man be absent above one halfe houre, having a special regard that hee weaken not his guard, by giving leave unto above two at a time to be absent, least he disable himselfe in the performance of that duty of trust and charge which is committed unto him of the guard.

Hee shall see that his corporall or corporals, do put his or their squadrons into armes, two houres before the relieving of the watch, who shall so abide in armes, at least one whole houre after.

If the watch be set by whole companies, it is his duty to place every souldier in his order, and to see them march in ranke and file, and himselfe being eldest Serjeant to march upon the right point in the vaunt-guard: if he be the yongest he is to march upon the left point in the rere-ward, each taking care of halfe of the company, unlesse when more companies march together, they be appointed any other place by a superior officer.

When the Serjeant is appointed to lead out any shot, he shall goe upon the side of the utmost ranke, and see that they take their levell, & give fier, and do all things with comlinesse and leisure, & so likewise in the retrait.

A Serjeant of each company, presently after the discharge of the watch shall bee in the place of armes, or market place, to attend the Captaine of the watch to the opening of the Ports, that they may be imploied by him, for the discovery without the forts, or any ambushes or attempts of the enemy, with such guard as hee shall appoint them, the Captaine of the watch having caused all those of the towne, about, to go forth, to forbeare and stay untill the said Serjeants returne, which Serjeants are to command those that are comming in, to stay untill those in the towne are comming forth, & and then they shal discover right forth before the Port, and to both sides of the Port, so farre until the discoverers of the other forts meete where they end; the discoverers being returned, those of the towne shall be suffered to passe out leisurely, & after those being without shal come in as leisurely, without throng or crowd, that they be the better discerned by the guard what they are. The Ports beeing open, the Serjeants shall returne to their guards, where they shall instruct their souldiers in the practise of their armes, and shall shew them the ready use of them, and do their indeavours by their best meanes, to incourage the towardly, and instruct the ignorant.

If upon his guard, in the absence of his superior officer, any soldier of his guard shall offend, hee shall eyther punish him by his Halbert, or if the qualitie of the offence so deserve, he shall disarme him, and keepe him prisoner upon the guard, untill the watch bee relieved, and then hee shall bring him to his superior officers, that he may receive condigne punishment according to the condition of his offense.

The Serjeant ought to know every souldier, and to take notice of their particular lodgings, and to make it a point of his duty to see that they keepe their lodgings cleane, and that their beds doe stand a yard above the ground, to have an eye into their diet, their thriftinesse and conversation, to advise them to the best, whereof he is to make report unto the Captaine or chiefe officer, that they may receive estimation for good, and punishment for evill behaviour.

He is to informe himselfe of the sick, or hurt, in the company, and to visit them once a day, and to inquire whether they bee not defrauded by the Phisitons and Surgeons, of such necessary helps as are delivered unto them, for their preservations and recoveries, and to informe his Captaine of the negligence and abuse of such, who should in that case deale unjustly with them that their dishonesty may receive due punishment.

He is likewise to addresse himselfe unto the Serjeant Major and Store-maister, for the supplying of his company with munition, and victuals, upon any occasion: and concerning the munition, he is to have a principall care, that the souldier doe not spend it away in vaine, but onely at such times as they are appointed for exercising and training.

He is likewise to take notice of all defects and abuses in his company, and to enforme his superiour officers, that they may be redressed, and justice take place.

He shall with great diligence attend the commands of his Captaine, and of the Serjeant Major, and at all times put them in present execution, rebuking such as do amisse, shewing them their faults, and teaching them by a good example in himselfe, to tread in the way of all civilitie and goodnesse. If any debate shall happen betweene souldier and souldier, hee having knowledge thereof, shall doe his indeavor to agree, and reconcile them, that it come not to his superior officers, and if through obstinacie hee cannot agree them, hee shall commit them, or informe his superior officers, who may take order therein.

He is to provide that none of the company be absent when the Drum shall call them forth to worke, in which workes he is to be a president himselfe, both by labouring in the same, and calling upon others to doe the like.

He is to goe to the Store, to take out such Tooles, as are required for the workes in hand, and there to under-write unto the booke of the store-Maister, or unto a note to be filed, thereby charging himselfe to be accountable for the said tooles, when the worke shall be performed, over which he is to have a regard, that they be not neglectfully layed up, spoyled nor broken without examining by what meanes they came so broken, that the wilfull breaker thereof may receive punishment, and the said toole or tooles so broken, withall the pieces, he shall bring unto the store, to shew the same for his better discharge.

The Corporall is in grade and dignity above the private soldier, and therefore care ought to bee had in the choosing of this officer, for that it is an office of good account, and by neglect of this duty, many inconveniences may come upon a camp, towne, or fort, therefore it is fit that hee surmount and excell his inferiors in valour, diligence and judgement, and likewise in the practise and use of all sorts of armes, whereby he may the better bee enabled to instruct and teach this squadron committed to his charge.

The Corporall ought (having the third part of the company given him in command) to sort and assist them in their quartering or lodgings, to have a care that they be cleane and sweet, and that their beds in the same bee laide three foote from the ground, hee is to carry a hand over their dyet, thriftinesse, and conversation, and to advise and instruct them at all times to demeane themselves as good Christians ought to do, and to make report thereof unto his Captaine or chiefe officer, that from them they may receive credit and estimation for good behaviour, and punishment and disgrace for their misdemeanours.

Hee is to have a speciall care of their Armes to see them duly furnished and kept in order, and when the Drum beateth to bee in a readinesse at the Colonies, and if any bee absent, hee shall make it knowne to his Serjeant or superior officer.

When he marcheth, hee is to lead a file, hee ought to bee daily conversant with his little company committed unto his charge, and the company beeing in the field, to lodge with them, and provide to his power for their wants, and to instruct and teach them how to use and handle the weapon they carry: Likewise, to remember well how each one is armed and appointed when hee receiveth him into charge, then to see no part of his furniture or armes bee broken or spoiled, but to have care that they bee preserved cleane and service-able.

Hee ought to have a vigilant eye upon the good behaviour of his company, not suffering them to use any unlawfull and prohibited games, nor that they give them selves to excesse of drinking, surfitting and ryot, but that they bee conformable to all the Martiall lawes: that they likewise make spare of their pay and victuals, the better to furnish themselves in comely and decent manner, with apparell and other necessities fitte and requisite for them, wherein the Corporall ought to use his utmost endeavour.

In presence of his Captaine, or superior officer, he is to take uppon him no more then the condition of his office doth require, but diligently to attend and execute what they shall command, that his example may serve for a President to the rest of his squadron.

At the setting of the watch hee is to see that they be furnished with poulder, Bullet and match, and that their armes be service-able and soldier-like.

If the company watch by squadrons, he and his squadron shall be brought by the Serjeant unto the place of watch, and from him receive the word and directions, in what maner, and where he shall place his Centinels, whether by day or night, which hee is to see performed.

When the Corporall with his squadron shall bee brought to the place where he and they shall watch, he and they must provide eft-soones for wood and fyring upon the guard, that beside for their owne comfort, they may have fire ready alwayes upon the guarde to light their match upon any proffered occasion.

Hee is to cause silence to bee kept uppon the court of guard, and to guarde, and to governe the watch, so that the labour bee equally divided of his squadron, either in watch, worke, or service, and to take care in all respects, that they performe the duties of good and honest soldiers.

His Centinels being placed, hee is to let none passe without the word, unlesse it bee the Captaine of the watch, or Serjeant Major, unto whom (after hee shall have perfect knowledge of them,) hee is to deliver the word at their first round, but before the delivery of the word, hee shall take the Captaine of the watch and Serjeant Major alone within his guard, the corporall beeing accompanied with halfe a dozen of shot with Match in Cock, to have an eye over the rest of the rounders that accompany the Captaine of the watch or Sarjeant Major, and not to suffer the rounders to come within the centinell, & if at any time of the night after their first round, the Serjeant Major or Captaine of the watch shall goe their round, as it is their duties, then they are to give the word to the Corporal, unlesse they mistrust and doubt the memory of any Corporall: the Corporall is not to goe out single to take the word of any round but to take two, or three, or more of his guard with him, and if it shalbe a round of more then two, then hee shall draw out all his men in his guard in their armes, the Corporall shall at no time (to receive the word) passe beyond the Centinell, but make him that hath the word to come forward within the Centinell, and shall cause the rest to stand without the Centinell, and those that are out by the Corporall for his guard shall keepe their eies and armes in a readinesse over him that is to give or take the word of the Corporall, untill such time as the Corporall be satisfied of him.

He must make good his guard untill he bee releived the which hee shall the better doe if hee keepe his men together upon the guard; he must visite the Centinels sometimes unawares to them, and must be ready to go to them at the first call.

He shall put his men in armes two houres before the discharge of the watch, so to remayne one houre after.

Hee shall warne his Centinells to make no alarum but upon just cause, and then with as much silence as may be, and in like silence hee must advertise the Captaine of the watch, and the next guards unto him, and so without notice or signe of confusion from one guard unto another.

If upon his guard any of his soldiers shal misdemeane himselfe, or offend in any of the publique lawes, divine, civill, or martiall, he shall bring him to his superior officer, then upon the guard, that he may receive punishment.

His duty is to provide that none of his Squadron, be absent, when the drumme shall call to any labour, or worke, or at what time soever they shall be commanded thereunto for the service of the Colonie, in the performance of which said workes he is to be an example of the rest of his Squadron by his owne labouring therein, and by encouraging and calling upon others at any time negligent, idle and slothfull, that thereby giving encoraging to his superior officers he may be held by them worthy of a higher place.

Hee must likewise receive such instruments and tooles, as spades, shovels, axes, &c. imployed in the worke, from his Sarjeant to dispose, and to deliver the same unto the labourers with all the care he may, to his utmost, that none of them be broken, lost, or wilfully spoiled, without drawing the parties so breaking, loosing and wilfully spoyling the same into punishment; and after the worke done he shall gather the said tooles in againe and re-deliver them up unto his Sargeant, all, and the same, who is to be accountable unto the maister of the store unto whose booke he hath underwritten for the receipt of them.

And by reason he is well knowing of every man in his Squadron, and thereby cannot but misse the pretence of any man from any duty whatsoever, sooner then haply the superior officers may, his care shall bee to attend his squadron to the usuall workes and day-labours, and unto frequent prayers, and the devine service at all times, and uppon all the dayes in the weeke, giving due notice unto his superior officer, of the neglect of eyther duties in their kinde, that reformation may follow.

He shall not suffer any gaming, heare any prophane lewd speeches, swearing, brawling, &c. or see any disorder whatsoever uppon his court of guard, or else-where, without present information given thereof unto his superior officer, that the offenders may be duly punished.

Hee shall take notice of all bands and proclamations published by the Generall, procuring a copie of the same from the Provost Marshall, the same duly to bee read unto his squadron, that they may be made the perfecter in the knowledge of them, and thereby learne the better to forbeare the trespassing in forbidden things, remembring the penaltie of the same, and execute things commanded, considering the reward thereof, whether in Campe, Towne, or Forte, Field or garrison.

Hee shall read, or cause to bee read, the Souldiers dutye, every time of his guarde in some convenient time and place, during the same, thereby to remember them the better of their generall duties.

It is requisite that he who will enter into this function of a soldier, that he dedicate himselfe wholly for the planting and establishing of true religion, the honour of his Prince, the safety of his country, and to learne the art which he professeth, which is in this place to hold warre, and the service requisite to the subsisting of a colonie: There be may men of meane descent, who have this way attained to great dignity, credity, and honor.

Having thus dedicated himselfe with a constant resolution, he ought to be diligent, carefull, vigilant and obedient, and principaly to have the feare of God, and his honor in greatest esteeme.

In making choyse of his familiar acquaintance, let him have care that they be of religious and honest conditions, not factious nor mutenous murmurers, nor evill languaged and worse disposed persons: his choyse beeing made he is to carry him selfe discreete, temperate, quiet and friendly, withholding himselfe from being to lavish of speech, for such as take liberty unto themselves to talke licentiously, to slander, raile, and backbite others, do usually make bankrout of their friends, of estimation, and of their own peace and quiet of conscience.

He must be carefull to serve God privately and publiquely; for all profession are thereunto tied, that carry hope with them to prosper, and none more highly then the souldier, for hee is ever in the mouth of death, and certainly hee that is thus religiously armed, fighteth more confidently and with greater courage, and is thereby protected through manifold dangers, and otherwise unpreventable events.

He must bee no blasphemer nor swearer, for such an one is contemptible to God and the world, and shall be assured to be found out and punished by the divine Justice: whereof we have instant examples.

He must refraine from dicing, carding, and Idle gaming: for common gamsters, although they may have many good parts in them, yet commonly they are not esteemed according to their better qualities, but censured according to their worst, procuring enemies, questions, brawles, and a thousand following inconveniences.

He must not set his minde over-greedily upon his belly, and continuall feeding, but rest himselfe contented with such provisions as may be conveniently provided, his owne labour purchase, or his meanes reach unto: above all things he must eschew that detestable vice of drunkennesse; for then a man is not apt nor good for any thing, and by that beastly disorder, many great armies have miscarried, and much disquiet and tumults raised in campe, and civill townes, whereupon doth fall the sword of Justice upon their necks, which in that case they have compelled to be drawne.

Chastitie is a vertue much commended in a souldier, when uncleannesse doth defile both body and soule, and makes a man stinke in the nostrils of God & man, and laith him open to the malice & sword of his enemy, for commonly it makes a man effeminate, cowardly, lasie, and full of diseases, & surely such who have unlawful women stil trudging about with them, or in whom custome hath taken away the sence of offending in that kind, commonly come to dishonorable ends.

He is tyed in his entring or inrowling into any company, to take his oath of faithfulnesse, and sincere service to his Prince, Generall and Captaine: to be conformable to the lawes provided for the advancement for the intended businesse, and for the cherishing of the good therein, and punishment of the evill.

He must be true-hearted to his Capt. and obey him and the rest of the officers of the Campe, Towne, or Fort, with great respect, for by the very oath which he taketh hee doth binde himselfe and promise to serve his Prince, and obey his officers: for the true order of warre is fitly resembled to true religion ordeined of God, which bindeth the souldier to observe justice, loyaltie, faith, constancie, patience, silence, and above all, obedience, through the which is easily obteined the perfection in armes, and is as a meanes to atchieve great enterprises, through never so difficult: certainly, who wanteth the vertue of obedience and patience, though never so valient otherwise, yet is he unworthy of the same name.

A souldier must patiently suffer the adversities and travailes which do fall out in the courses and chances of warre: he must not be over-greedy, nor hasty of his pay, albeit he may stand in some want thereof, but must with a chearfull alacrity shew his constancy, avoyding by al possible meanes, rebellions and mutenies, which most upon such pettish occasiones are runne into: by no meanes must hee bee a pertaker with such mutiners, for the end of such is sharpe and shamefull death.

If in Skirmishes Incounters, or surprise of towne the enimies be vanquished, let him set all his care and diligence in execution of the victorie with his Armes, & not in rifling and spoiling for trash, for so he shal be accounted an unruly free booter, beside innumerable are the disorders and mischefes which do happen by ravenous Pillagers, many times to the dishonor of the action, and to the losse of their lives, therfore he shall pursue the victorie until the enimy be wholy ended & and the place fully caried and possessed, the Guards placed, and liberty granted from the chiefe Commander to sack & spoile, wherein by any meanes let him avoid murther and crueltie, and violation of women, for those are odious to God and man, rather in such cases let him shew himselfe pittiful and mercifull unto the vanquished, rather defending the sillie women and Children then procuring their hurt and damage, for in so doing it will be right acceptable to God and his Commanders.

Such Armes as he is apointed to serve with, whither Musket, Caliver or Target, let him be very dilligent to use all his industrie to excell in the use of them, for therby he may conserve his owne life and his fellows, for the which purpose he shall call upon his Serjeant and his Corporall to instruct him therein, untill hee come unto perfection.

He must learne the severall sounds of the Drumme, whereby hee may obey that which he is commanded; for the Drum often-times is the voice of the Commander, hee shall carefully note and marke the signes made by the Captaine and officers, without talking or pratling unto his next companions: for that is unbefitting a Souldier, and makes him uncapable to heare what is given in command.

In skirmishes and incounters he shal be resolute and valiant, for that souldier which is timorous and fearfull can never bring his heart to any hearty enterprise, nor dareth to attempt any hotte, bold, or audacious charge or service, by reason of his cowardly spirit and feare.

Hee must bee carefull to bee alwayes vigilant and ready, beeing placed for a Centinell, or in the Court of guard, where he shall not put of his armes, untill hee have leave from the Captaine: for therein consisteth the security of the Campe, Towne, or Fort.

Hee shall doe well to keepe his fidelity unspotted to his Prince and Generall, although his sufferings may bee intolerable and infinite, and shall not flye unto the enemy: for to bee branded with infamie of a traytor is a fowle and odious offence, and rigorously punished among all nations, and never yet traitor came to good end; of which we have examples infinite.

Hee must not bee shifting from company to company, but serve in the company where hee first began, and if at any time hee shall depart for his preferment, let him demand the good liking of his Captaine, who if hee shall denie it him in such a case, it shall bee imputed no offense in him to appeale unto the Generall or chiefe officer.

At the sound of the Drumme, for the setting of the watch with his armes being fix and serviceable he shall repaire to his colours, and it shall be commendable in him by the way to call upon his Corporall, so that all the Squadron meeting together at the Corporals lodging may attend the Corporall unto the colours, and if he be unprovided of munition he shall acquaint his Corporall therewith, who shall see him furnished.

When the company or squadron march to the guard he shall hold that order in which he was placed by his Serjeant, marching in a comely and gracefull manner, and being armed at the place of guard he shall pose his armes according unto the Corporalls direction, and behave himselfe in all his actions as befitting a religious Soldier in that holy place of guard, without doing any act of prophanenesse, disorder, or ought els, tending to the pollution of the same either in word or deed.

When his Corporall shall appoint him forth for Centinell, he shall souldier his peice, both ends of his match being alight, and his peice charged, and prined, and bullets in his mouth, there to stand with a carefull and waking eye, untill such time as his Corporall shall relieve him, and to let no man passe nor come up to him, but to force him to stand, and then to call his Corporall.

He must harken diligently and looke well about him from his place of Centinell for the approch of any about the Camp, Towne, or Fort, or the dich thereof, or if he heare any noyse, to call his Corporall to advertise him of the same.

He must have a speciall care that he sleepe not upon his Centinell, nor set his armes out of his hands: for therein he maketh himselfe subject for any passenger by to take away his life, beside the generall inconvenience that may come upon the Camp, Towne, or Fort.

His Corporall having releived him and brought him to the guard, he shall do well to read the Lawes and ordinances for the government of the Camp, Towne, or Fort, constituted and prescribed by the Marshall, the better to enable him memory for the exact observance of those lawes whereby he shall not only avoyd the trespassing against the same, but also get the reputation of a well ordered and governed soldier.

Such gentlemen or others, as are appointed by their Captaine for rounders, and approoved by the Serjeant Major or Captaine of the watch, amongst them those rounders that are appointed to attend the Captaine of the watch on his guard are to receive their directions from him, as Likewise those of the companies upon the guards for their order of rounding, according to the time of the night in what hower they shal make their Rounds.

The Rounders from the guard, from the Captaine of the watch, are to visit the Centinells, and Courts of guards, making their rounds upon the rampart, harkning and listening and looking over into the ditches, if they can heare or see, or discover any troopes, or men neere the town, taking care besides that there be good watch kept both by the Centinells, and upon the court of guard, and if any noyse or tumult be neere the rampart, they may step downe and informe themselves of it, and bring the trespassers to the next guard, committing them there untill after the round made they have acquainted the Capt. of the watch of such disorders.

The rounds from the Ports are to round the streets to take in charge that no disorders, breaking up, or fiering of houses of ye store, or roberies, magazin, riots or tumult in Taphouses, or in the streetes, or in privat houses at houres untimely be committed, and the offenders to bring the next guard, and to informe the Captaine of the watch; All rounders are to be subject and obedient unto the Captaine of the watch and his commands during his time of watch.

Two houres before day he must be ready in armes with his peice charged & provided, & a match alight at both ends and bullets in mouth, there to attend the command of the Corporall untill further directions be given, and at the time appoynted for the exercise of his armes, he shall be tractable and obedient to his officers executing such commands as they shall impose upon him, that he may be the better trained and inhabled to offend his enemy, and to defend himselfe.

He shal be carefull to observe al words of command, postures and actions, according to the order of training published by the marshall.

The exercise being ended and the prise won and lost he shall pose his armes at the court of Guard, and ther give diligent attendance that he be at no time absent from his Guard, above one houre, without leave from his Officer, and that not without leave of his Officer.

The watch being relieved and he free from the guard he is to dispose of the rest of the time for his owne perticular use untill next morning at the discharge of the watch: when at the call of the drumme, he shall attend at his corporalls lodging ther to receive such instrument, or toole as the busines of that day shall require, from whence he shall march to the place of armes or maine court of guard; there to be disposed of by the captaine of the watch for that day service of the Colonies, in which he shall doe his best indeavour like a painfull and industrious servant of the Colonies to discharge his duty for the furtherance of his worke, and incouragment of such who shall be the more stirred up by his example of goodnes, to the imitation of the like: and thus doing, he shall give cause unto the Generall, unto his Captaine, and chiefe officers, to take notice of his painfulnesse, who may according to his desert in time give him advancement for the same.

He shall continue at his worke untill the drumme beate, and that his Captaine, his officers or overseers of the worke, give order unto a cessation for the time, and for the same purpose attendeth to lead him in, whom he shall orderly and comely follow into the Camp, Towne or Fort, by his said Captaine, officer or overseer him meeting, to be conducted unto the church to heare divine service, after which he may repayre to his house or lodging to prepare for his dinner, and to repose him untill the drumme shall call him forth againe in the afternoone, when so (as before) he shall acompany his chiefe officer unto the field, or where els the work lieth, and there to follow his easie taske untill againe the drumme beat to returne home: at which time according as in the forenoone, he shall follow his chiefe officer unto the church to heare divine service and after dispose of himselfe as he shall best please, and as his owne businesse shall require; with this caution carefully to preserve the toole or Instrument with which he wrought to serve his turne againe the next day as he will answere the contrary upon the perill prescribed.

Concerning his order of march and carriage in the field when occasion shall present it selfe, he will easily acquire and learne the same by experience, provided that he be carefull to march, ranke, and file, and not straggle, or be disobedient unto proclamation of the General for therein consisteth the principall part of his duty, untill when I leave him with this caveat, that he diligently marke, consider and remember the orders, which the higher officers do observe, in ordering their files and rankes, and surveying their squadrons of footmen, and to the placing of the great Artillery in the march and setled campe, and the plot of the quartering, according to the disposition of the ground where the campe shall then be, with the manner of entrenching, placing of Ordinances & Guards for the defense of the same, that in the knowledge and execution of these duties, the Generall having understanding of his promptitude and diligence may conferre upon him, and call him unto place of preferment and commaund.

That there be no neglect found in him, in his marching to the Guard or Field, and that in the same he doe not forget or leave behinde him any peece or parcell of his Armes appointed him by the Marshall for his owne defence, or offence of the enemie.

Merciful Father, and Lord of heaven and earth, we come before thy presence to worship thee in calling upon thy name, and giving thankes unto thee, and though our duties and our verie necessities call us heereunto: Yet we confesse our hearts to be so dull and untoward, that unlesse thou be mercifull to us to teach us how to pray, we shall not please thee, nor profit our selves in these duties.

Wee therefore most humbly beseech thee to raise up our hearts with thy good spirit, and so to dispose us to praier, that with true fervencie of heart, feeling of our wants, humblenesse of minde, and faith in thy gracious promises, we may present our suites acceptably unto thee by our Lord and Saviour Jesus Christ.

And thou our Father of al mercies, that hast called us unto thee, heare us and pitie thy poore servants, we have indeed sinned wonderously against thee through our blindnesse of mind, prophanesse of spirit, hardnesse of heart, selfe love, worldlinesse, carnall lusts, hypocrisie, pride, vanitie, unthankfulnesse, infidelitie, and other our native corruptions, which being bred in us, and with us, have defiled us even from the wombe, and unto this day, and have broken out as plague sores into unnumberable transgressions of all thy holy lawes, (the good waies whereof we have wilfully declined,) & have many times displeased thee, and our owne consciences in chusing those things which thou hast most justly & severely forbidden us. And besides all this wee have outstood the gracious time and meanes of our conversion, or at least not stooped and humbled our selves before thee, as wee ought, although we have wanted none of those helpes, which thou vouchsafest unto thy wandering children to fetch them home withall, for we have had together with thy glorious workes, thy word calling upon us without, and thy spirit within, and have been solicited by promises, by threatenings, by blessings, by chastisings, & by examples, on all hands: And yet our corrupted spirits cannot become wise before thee, to humble themselves, and to take heede as we ought, and wish to do.

Wherefore O Lord God, we do acknowledge thy patience to have beene infinite and incomparable, in that thou hast been able to hold thy hands from revenging thy selfe upon us thus long, & yet pleasest to hold open the dore of grace, that we might come in unto thee and be saved.

And now O blessed Lord God, we are desirous to come unto thee, how wretched soever in our selves, yea our very wretchednesse sends us unto thee: unto thee with whom the fatherlesse, and he that hath no helper findeth mercy, we come to thee in thy Sons name not daring to come in our owne: In his name that came for us, we come to thee, in his mediation whom thou hast sent: In him O Father, in whom thou hast professed thy selfe to be well pleased, we come unto thee, and doe most humbly beseech thee to pittie us, & to save us for thy mercies sake in him.

O Lord our God our sins have not outbidden that bloud of thy holy Son which speakes for our pardon, nor can they be so infinite, as thou art in thy mercies, & our hearts (O God thou seest them,) our hearts are desirous to have peace with thee, and war with our lusts, and wish that they could melt before thee, and be dissolved into godly mourning for all that filth that hath gone through them, and defiled them. And our desires are now to serve and please thee, and our purposes to endeavour it more faithfully, we pray thee therefore for the Lord Jesus sake seale up on our consciences thy gracious pardon of all our sinnes past, and give us to feele the consolation of this grace shed abroad in our hearts for our eternall comfort and salvation: and that we may know this perswasion to be of thy spirit, and not of carnall presumption, (blessed God) let those graces of thy spirit, which doe accompanie salvation, be powred out more plentifully upon us, encrease in us all godly knowledge, faith, patience, temperance, meekenesse, wisedome, godlinesse, love to thy Saints and service, zeale of thy glory, judgement to discerne the difference of good & ill, and things present which are temporary, and things to come which are eternall.

Make us yet at the last wise-hearted to lay up our treasure in heaven, and to set our affections more upon things that are above, where Christ sits at thy right hand: And let all the vaine and transitory inticements of this poore life, appeare unto us as they are, that our hearts may no more be intangled and bewitched with the love of them.

O Lord, O God, our God, thou hast dearely bought us for thine owne selfe, give us so honest hearts as may be glad to yeeld the possession of thine owne. And be thou so gracious, as yet to take them up, though we have desperately held thee out of them in times past, and dwell in us, and raigne in us by thy spirit, that we may be sure to raigne with thee in thy glorious kingdome, according to thy promise through him that hath purchased that inheritance for all that trust in him.

And seeing thou doest so promise these graces to us, as that thou requirest our industrie and diligence in the use of such meanes as serve thereto (good Lord) let us not so crosse our praiers for grace, as not to seeke that by diligence, which we make shew to seeke by prayer, least our owne waies condemne us of hypocrisie. Stirre us up therefore (O Lord) to the frequent use of prayer, to reading, hearing, and meditating of thy holy word, teach us to profit by the conversation of thy people, and to be profitable in our owne, make us wise to apprehend all oportunites of doing or receiving spiritual good, strengethen us with grace to observe our hearts and waies, to containe them in good order, or to reduce them quickly, let us never thinke any company so good as thine, nor any time so well spent, as that which is in thy service, and beautifying of thine Image in our selves or others.

Particularly we pray thee open our eies to see our naturall infirmities, and to discover the advantages which Satan gets thereby. And give us care to strive most, where we are most assaulted and damaged.

And thou O God, that hast promised to blesse thine owne ordinances, blesse all things unto us, that we may grow in grace & in knowledge, and so may shine as light in this darke world, giving good example to all men, and may in our time lie downe in peace of a good conscience, enbaulmed with a good report, and may leave thy blessings entailed unto ours after us for an inheritance.

These O Father, are our speciall suits, wherein wee beseech thee to set forth the wonderful riches of thy grace towards us, as for this life, and the things thereof, we crave them of thee so farre as may be for our good, and thy glory, beseeching thee to provide for us as unto this day in mercy. And when thou wilt humble or exalt us, governe us so long, and so farre in all conditions and changes, as we may cleave fast unto thee our God unchangeably, esteeming thee our portion & sufficient inheritance for evermore. Now what graces we crave for our selves, which are here before thy presence, we humbly begge for all those that belong unto us, and that by dutie or promise wee owne our praiers unto, beseeching thee to be as gracious unto them, as unto our own souls, and specially to such of them, as in respect of any present affliction or temptation may be in speciall neede of some more speedie helpe or comfort from thy mighty hand.

Yea our Lord God we humbly desire to blesse with our praiers the whole Church more specially our nation, and therein the kings Majestie our Soveraigne, his Queene and royall seede, with all that be in authoritie under him, beseeching thee to follow him and them with those blessings of thy protection and direction, which may preserve them safe from the malice of the world, and of Satan, and may yeeld them in their great places faithfull to thee for the good of thy people, and their owne eternall happinesse and honour.

We beseech thee to furnish the Churches with faithfull and fruitfull ministers, and to blesse their lives and labours for those mercifull uses, to which thou hast ordained them, sanctifie thy people O God, and let them not deceive themselves with a formalitie of religion in steed of the power thereof, give them grace to profit both by those favours, and by those chasticements which thou hast sent successively or mixedly amongst them. And Lord represse that rage of sinne, and prophanesse in all Christian states which breeds so much Apostacy and defection, threatning the taking away of this light from them: Confound thou O God all the counsel and practices of Satan and his ministers, which are or shall be taken up against thee, and the kingdome of thy deare sonne. And call in the Jewes together with the fulnesse of the gentiles, that thy name may be glorious in al the world, the dayes of iniquity may come to an end, and we with all thine elect people may come to see thy face in glorie, and be filled with the light thereof for evermore.

And now O Lord of mercie, O Father of the spirits of all flesh, looke in mercie upon the Gentiles, who yet know thee not, O gracious God be mercifull to us, and bless us, and not us alone, but let thy waies be knowne upon earth, & thy saving health amongst all nations: we praise thee, and we blesse thee: But let the people praise thee O God, yea let all the people praise thee, and let these ends of the world remember themsleves and turne to thee the God of their salvation. And seeing thou hast honoured us to choose us out to beare thy name unto the Gentiles: we therefore beseech thee to bless us, and this our plantation. which we and our nation have begun in thy feare, & and for thy glory. We know O Lord, we have the divel and all the gates of hel against us, but if thou O Lord be on our side, we care not who be against us. O therfore vouchsafe to be our God, & let us be a part and portion of thy people, confirme thy covenant of grace & mercy with us, which thou hast made to thy Church in Christ Jesus. And seeing Lord the highest end of our plantation here, is to set up the standard, & display the banner of Jesus Christ, even here where satans throne is Lord, let our labor be blessed in laboring the conversion of the heathen. And because thou usest not to work such mighty works by unholy means, Lord sanctifie our spirits, & give us holy harts, that so we may be thy instruments in this most glorious work: lord inspire our souls with thy grace, kindle in us zeal of thy glory: fill our harts with thy feare, & our tongues with thy praise, furnish us all from the highest to the lowest with all gifts & graces needful not onely for our salvation, but for the discharge of our duties in our severall places, adorne us with the garments of Justice, mercy, love, pitie, faithfulnesse, humility, & all vertues, & teach us to abhor al vice, that our lights may so shine before these heathen, that they may see our good works, & so be brought to glorifie thee our heavenly Father. And seeing Lord we professe our selves thy servants, & are about thy worke, Lord blesse us, arme us against difficulties, strength us against all base thoughts & temptations, that may make us looke backe againe. And seeing by thy motion & work in our harts, we have left our warme nests at home, & put our lives into our hands principally to honour thy name, & advance the kingdome of thy son, Lord give us leave to commit our lives into thy hands: let thy Angels be about us, & let us be as Angels of God sent to this people, And so blesse us Lord, & so prosper all our proceedings, that the heathen may never say unto us, where is now your God: Their Idols are not so good as silver & gold, but lead & copper, & the works of their own hands. But thou Jehovah art our God, & we are ye works of thy hands: O then let Dagon fall before thy Arke, let Satan be confounded at thy presence, & let the heathen see it & be ashamed, that they may seeke thy face, for their God is not our God, themselves being Judges. Arise therfore O Lord, & let thine enemies be scattered, & let them that hate thee flie before thee: As the smoke vanisheth, so let Satan & his delusions come to nought & as wax melteth before the fire, so let wickednes, superstition, ignorance & idolatry perish at ye presence of thee our God. And wheras we have by undertaking this plantation undergone the reproofs of the base world, insomuch as many of our owne brethren laugh us to scorne, O Lord we pray thee fortifie us against this temptation: let Sanballat, & Tobias, Papists & players, & such other Amonists & Horonits the scum & dregs of the earth, let them mocke such as helpe to build up the wals of Jerusalem, and they that be filthy, let them be filthy still, & let such swine still wallow in their mire, but let not ye rod of the wicked fal upon the lot of the righteous, let not them put forth their hands to such vanity, but let them that feare thee, rejoyce & be glad in thee, & let them know, that it is thou O Lord, that raignest in England, & unto the ends of the world. And seeing this work must needs expose us to many miseries, & dangers of soule & bodie, by land & sea, O Lord we earnestly beseech thee to receive us into thy favour & protection, defend us from the delusion of the divel, the malice of the heathen, the invasions of our enemies, & mutinies & dissentions of our own people, knit our hearts altogether in faith & feare of thee, & love one to another, give us patience, wisedome & constancy to goe on through all difficulties & temptations, til this blessed work be accomplished, for the honour of thy name, & glory of the Gospel of Jesus Christ: That when the heathen do know thee to be their God, and Jesus Christ to be their salvation, they may say, blessed by the King & Prince of England, & blessed be the English nation, and blessed for ever be the most high God, possessor of heaven & earth, that sent them amongst us: And heere O Lord we do upon the knees of our harts offer thee the sacrifice of praise & thanksgiving, for that thou hast moved our harts to undertake the performance of this blessed work, with the hazard of our person, and the hearts of so may hundreds of our nation to assist it with meanes & provision, and with their holy praiers, Lord looke mercifully upon them all, and for that portion of their substance which they willingly offer for thy honour & service in this action, recompence it to them and theirs, and reward it seven fold into their bosomes with better blessings: Lord blesse England our sweet native countrey, save it from Popery, this land from heathenisme, & both from Atheisme. And Lord heare their praiers for us, and us for them, and Christ Jesus our glorious Mediator for us all. Amen.