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Thirty-second.—-Every regiment or company of liorse or foot that chargcth the enemy, and retreats before they come to hand-strokes, shall answer the same before a council of war; and Jf the sault be found in the ofsicers, they shall be displaced and serve as private soldiers in the company they commanded, if in the soldiers, then every tenth man by lot shali be punished at discretion of the court.

Thirty-third.—No person shall presume to sight a private duel, upon pain of death.

Thirty-fourth.—What officer soever shall come drunk to his guard, or commit any disorder in the camp-quarters or march, shall be displaced without mercy, and serve as private soldiers in the same company, and the next officer under him, whose due it is, shall have his place.

Thirty-fifth.—The like punishment on a captain or other officer, that shall be negligent in framing and governing the company.

Thirty-sixth.—All ofsicers of what condition soever are hereby authorized to part quarrels, frays, and disorders, between soldiers, though of any other company, and to commit the disordered to prison for the present, until their proper officers areacquainted therewith; andwhatsoldier soever shall resiisl, disobey, or draw his sword against such an

'ofsicer, although none of his own, shall be punished with death.

Thirty-seventh.—If any ofsicer shall grossly neglect any opportunity wherein he might have done service on the enemy, he shall be punished at the discretion of a court-martial.

Thirty-eighth.—Every inserior officer and private soldier shall be obedient to the utmost to execute the commands of their superiors, and whosoever shall sail herein, shall, according to the nature of the ofsence, sulfer such punishment as by discretion of a court-martial shall be appointed, whether to loss of lise, limb, or other inserior punishment.

"thirty-ninth.—All officers who shall send any prisoners to the mar~ jhal-general, or his deputies, shall, in twenty-fours atter,send the cause

and

* ard reason of their imprisonment, without which the marshal is not to keep the prisoner longer in custody.

Fortieth.—The cause of commitment of every prisoner is, by the said . marshal, within forty-eight hours after commitment, to be delivered to the king's, advocate, otherwise the prisoner to be released.

Forty-first.—That the advocate or his deputy do give every prisoner a copy of his charge twenty-four hours before he comes to his trial.

'forty-second.—No man shall presume to use any braving, or meaning words or gestures, while the court-martial is sitting, upon pain of death.

Forty-third.—If the marshal-general,or any of his deputies, shall dismiss any prisoner committed to his charge, or luster him to make an escape, such marshal shall he liable to the same punishment due to the dismissed or escaped offender.

Forty-fourth.—All othersaults, disorders,and ofsences, not particularly mentioned in these articles, shall be punished according to the general customs and laws of war, by which our sovereign lord the king,' by his general, the king of Sweden, and other renowned princes, have governed their armies.

Lastly.-i-to the intent no persons plead ignorance, it is strictly ordered, that these laws military be published at the head of every troop and company of horse and foot at their sirst meeting after the date hereof, and once a month at least ever after, until orders to the contrary. Given under my hand and seal, this sirst day of January, 1666.

All these articles of war allowed by

Six Thomas Lynchj General, j

Match 18, 1672-3. . „A

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V^R^A/ PROCEEDINGS PROCEEDINGS AGAINST SIR THOs. MODYFORD,

THE oath of Joseph Napman, commander of the Jamaica Merchants now at anchoi in Port-Royal Harbour, i t Jamaica* taken the Vlth es Augustt 1671:

YOU shall swear, that you will use your utmost endeavour, as commander of this ship, to bring home prisoner the person of sir I homas Modyford, and him see delivered to his majesty's order, and th-it you will by no means directly or indirectly permit his escape. So help you God, &c.

Joseph Napman. Sworn before me, on board the said ship, this day above said. Witness^ Robert Freeman, sec. Thomas Lynch

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JOHN COSTER, William Parker, mates of the Jamaica Merchant; William Pickson, boatswain; Thomas Hilliard, carpenter; Daniel Freeman, gunner; William Wise, Joseph Darton, Robert King, Joseph Purner, James Neale, Richard Hale, George Wins, Richard Floid, Jonas Gibson, John Hodges, Henry Pilgrim, Hugh Blake, Robert Browmeifleets, Marc Swaffen, Thomas Downes, Philip Pendry, John Stevens, John Biles, Leonard Smeathy, and Robert Thory, chirurgeon—You shall swear that you, nor any of you, directly or indirectly, shall permit the escape of sir Thomas Modyford, but shall obey all orders for the securing him, and bringing him prisoner to his majesty's presence. So help you God.

Sworn before me this 12th August} 1671, aboard the said ship,

Witness, Robert Freeman, sec. Thomas Lynch.

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WHEREAS I have orders from his sacred majesty to send prisoner for England sir Thomas Modyford, the late governor of this island, I have put said sir Thomas Modyford aboard the Jamaica Merchant, that is ready to sail; and have, for the better securing him, put twelve of his toajesly's seamen there on board; nevertheless, 1 command and appoint

you you to watch every night on board, and moor your pinnace with a guard on stern, and put such sentinels, and take care that the said prisoner escape not during his stay in this port, whereof none of you are to sail at your utmost perils. Given under my hand this 14th of August, 1611.

Thomas Lynch.

To Capt. Jofeph Welgreese, commander of hit majesty's ship Welcome;
Lieut. Jofeph Keene, lieut. Ijles, lieutenants el his majesty's frigate

Assistance;—and
Mr. Hawkins, majler of the said frigate. These

Jamaica.

SIR THOMAS LYNCH, knight, his majesty's lieutenant-governor and 'commander-in-chief of this his majejly,s ijland of Jamaica, and the dominions thereunto belonging, and vice-admiral to his royal highness the duke of York.

'WHEREAS, by special order and directions from his sacred majesty, I am commanded to send prisoner into England under sase guard sir Thomas Modyford, bart. late governor of this his majesty's island, these are, therefore, in his majesty's name, to authorize and impower you, licute nant John Buck, to take into your charge and custody the person of the; said sir Thomas Modyford, and to take with you eleven of his majesty's seamen out of the Assistance frigate, who are hereby strictly commanded to obey you in all things, in orier to the securing of the said sir Thomas Modyford; and in case of the death or disability os the said lieutenant Jolin Buck, I do hereby appoint Mr. John Fogg to succeed in the care and command. And I do hereby require all the aforesaid seamen to obey him. And you are hereby surther commanded and impowered to go on board the Jamaica Merchant, now at anchor, with the said sir Thomas Modyford, were you shall keep strict watch and guard over his person, as well here as in England or any other part where you mall be necessitated to arrive, and you are to follow such surther instructions as'l herewith give you affixed .to this commission'. Given under my hand and seal at Port-Royal, this 14th day of August, in the twenty-third year of jbis majesty's reign, that now is annoque domini IG11.

INSTRUCTIONS

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INSTRUCT10 NS andorders for lieutenant John Buck and Mr. John Fogg, for the securing of fir Thomas Modi/ford.

Jamaica,^ August 14, 1671.

YOU shall go on board the Jamaica Merchant with the seamen under your command, and set a diligent watch and guard that the said prisoner escape not.

Whereas I appoint one of the officers of the frigates to Nwatch here in port, you are to obey them for these sew days they fhall be here. You must take the oath with you which the commander, all his ofsicers and company, have taken, to bring home the laid prisoner and not to permit his escape.

'You are to take special care that the men do not hinder the said captain or company in doing the ship's business.

You shall take care that the said ship goes to rights to the river of Thames, without touching at any place whatsoever, unless forced by distress of weather.

At the sirst place you touch at in England, you must send my smalt letter to my lord Arlington by the post.

When you arrive in the Downs, send tsr. Fogg, or some person you. can trust, to my lord Arlingto nor Mr. Williamson for orders; which, that you may have money to do, I have given you sive pounds and Mr. Foggthree.

When you shall come into the river, you shall permit no boats but the Ieing's to come on board, nor (hall you upon any terms permit any of the seamen to go afhore,until you have hismajesty's order concerning the s?id prisoner. Hereof sail not at your utmost peril. Given under my hand and seal, this 14th day of. August, all'uit Royal, 1671.

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