THIRTY-SECOND.-Every regiment or company of horfe or foot that chargeth the enemy, and retreats before they come to hand-ftrokes, fhall answer the fame before a council of war; and if the fault be found in the officers, they fhall be difplaced and ferve as private foldiers in the company they commanded, if in the foldiers, then every tenth man by lot thall be punished at difcretion of the court. THIRTY-THIRD.-No perfon fhall prefume to fight a private duel, upon pain of death. THIRTY-FOURTH.-What officer foever fhall come drunk to his guard, or commit any diforder in the camp-quarters or march, fhall be displaced without mercy, and ferve as private foldiers in the fame company, and the next officer under him, whofe due it is, fhall have his place. THIRTY-FIFTH.-The like punishment on a captain or other officer, that fhall be negligent in framing and governing the company. THIRTY-SIXTH.-All officers of what condition foever are hereby authorized to part quarrels, frays, and diforders, between foldiers, though of any any other company, and to commit the difordered to prifon for the prefent, until their proper officers are acquainted therewith; and what foldier foever thall refift, difobey, or draw his fword against such an officer, although none of his own, fhall be punished with death. THIRTY-SEVENTH.-If any officer fhall grofsly neglect any opportunity wherein he might have done fervice on the enemy, he fhall be punished at the difcretion of a court-martial. THIRTY-EIGHTH.-Every inferior officer and private foldier fhall be obedient to the utmost to execute the commands of their fuperiors, and whofoever fhall fail herein, fhall, according to the nature of the offence, fuffer fuch punishment as by difcretion of a court-martial shall be appointed, whether to lofs of life, limb, or other inferior punish ment. THIRTY-NINTH.-All officers who fhall fend any prifoners to the marhal-general, or his deputies, fhall, in twenty-fours atter, fend the caufe and ard reafon of their imprisonment, without which the marshal is not to keep the prifoner longer in custody. FORTIETH.-The cause of commitment of every prifoner is, by the faid 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 prifoner copy of his charge twenty-four hours before he comes to his trial. FORTY-SECOND.-No man fhall prefume to use any braving, or meaning words or geftures, while the court-martial is fitting, upon pain of death. FORTY-THIRD.—If the marfhal-general, or any of his deputies, fhall difmifs any prifoner committed to his charge, or fuffer him to make an efcape, fuch marthal fhall be liable to the fame punishment due to the difmiffed or escaped offender. FORTY-FOURTH. All other faults, diforders, and offences, not particularly mentioned in thefe articles, fhall be punifhed according to the general cuftoms and laws of war, by which our fovereign lord the king, by his general, the king of Sweden, and other renowned princes, have governed their armies. LASTLY. To the intent no perfons plead ignorance, it is ftrictly ordered, that these laws military be published at the head of every troop and company of horse and foot at their first meeting after the date hereof, and once a month at least ever after, until orders to the contrary. Given under my hand and feal, this first day of January, 1666. PROCEEDINGS AGAINST SIR THOS. MODYFORD, THE oath of Jofeph Napman, commruder of the Jamaica Merchant, now at anchor in Port-Royal Harbour, inɩ Jamaica, taken the 12th of August, 1671: You YOU fhall fwear, that you will ufe your utmost endeavour, as commander of this ship, to bring home prifoner the perfon of fir Ihomas Modyford, and him fee delivered to his majefty's order, and that 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, fec. THOMAS LYNCH. JOHN COSTER, William Parker, mates of the Jamaica Merchant ; William Pickfon, boatfwain; Thomas Hilliard, carpenter; Daniel Freeman, gunner; William Wife, Jofeph Darton, Robert King, Jofeph Purner, James Neale, Richard Hale, George Wins, Richard Floid, Jonas Gibfon, John Hodges, Henry Pilgrim, Hugh Blake, Robert Browmefleets, Marc Swaffen, Thomas Downes, Philip Pendry, John Stevens, John Biles, Leonard Smeathy, and Robert Thory, chirurgeon-You fhall fwear that you, nor any of you, directly or indirectly, thall permit the efcape of fir Thomas Modyford, but fhall obey all orders for the fecuring him, and bringing him prifoner to his majesty's prefence. So help you Sworn before me this 12th Auguft, 1671, aboard the said ship, Witness, ROBERT FREEMAN, Sec. God. THOMAS LYNCH. WHEREAS I have orders from his facred majefty to fend prifoner for England fir Thomas Modyford, the late governor of this island, I have put faid fir Thomas Modyford aboard the Jamaica Merchant, that is ready to fail; and have, for the better fecuring him, put twelve of his majefty's feamen there on board; nevertheless, I command and appoint you you to watch every night on board, and moor your pinnace with a guard on ftern, and put fuch fentinels, and take care that the faid prifoner efcape not during his stay in this port, whereof none of you are to fail at your utmoft perils. Given under my hand this 14th of Auguft, 1671. THOMAS LYNCH. To Capt. Jofeph Welgreefe, commander of his majesty's fhip Welcome; Mr. Hawkins, master of the faid frigate. Thefe JAMAICA. SIR THOMAS LYNCH, knight, his majefly's lieutenant-governor and commander-in-chief of this his majesty's island of Jamaica, and the dominions thereunto belonging, and vice-admiral to his royal highness the duke of York. WHEREAS, by fpecial order and directions from his facred majefty, I am commanded to fend prifoner into England under fafe guard fir Thomas Modyford, bart. late governor of this his majesty's ifland, thefe are, therefore, in his majefty's name, to authorize and impower you, licute nant John Buck, to take into your charge and cuftody the perfon of the faid fir Thomas Modyford, and to take with you eleven of his majefty's feamen out of the Affiftance frigate, who are hereby ftrictly commanded to obey you in all things, in order to the fecuring of the faid fir Thomas Modyford; and in cafe of the death or difability of the faid lieutenant John Buck, I do hereby appoint Mr. John Fogg to fucceed in the care and command. And I do hereby require all the aforefaid feamen to obey him. And you are hereby further commanded and impowered to go on board the Jamaica Merchant, now at anchor, with the faid fir Thomas Modyford, were you fhall keep ftrict watch and guard over his perfon, as well here as in England or any other part where you thall be neceffitated to arrive, and you are to follow fuch further inftructions as I herewith give you affixed to this commiffion. Given under my hand and feal at Port-Royal, this 14th day of Auguft, in the twenty-third year of his majefty's reign, that now is annoque domini 1671. INSTRUCTIONS INSTRUCTIONS and orders for lieutenant John Buck and Mr. John Fogg. for the fecuring of fir Thomas Modyford. JAMAICA, J. August 14, 1671. YOU fhall go on board the Jamaica Merchant with the feamen under your command, and fet a diligent watch and guard that the faid prifoner efcape not. Whereas I appoint one of the officers of the frigates to watch here in port, you are to obey them for thefe few days they fhall be here. You must take the oath with you which the commander, all his officers and company, have taken, to bring home the faid prifoner and not to permit his efcape. You are to take special care that the men do not hinder the faid cap tain or company in doing the fhip's business. You shall take care that the faid fhip goes to rights to the river of Thames, without touching at any place whatsoever, unless forced by diftrefs of weather. At the first place you touch at in England, you must send my small letter to my lord Arlington by the post. When you arrive in the Downs, fend Mr. Fogg, or fome perfon you can truft, to my lord Arlingto nor Mr. Williamfon for orders; which, that you may have money to do, I have given you five pounds and Mr. Fogg three. When you fhall come into the river, you shall permit no boats but the king's to come on board, nor fhall you upon any terms permit any of the feamen to go afhore, until you have his majefty's order concerning the faid prifoner. Hereof fail not at your utmoit peril. Given under my hand and feal, this 14th day of August, at Port Royal, 1671. THE |