things with the commiffioners: all which rear-admiral Blagge can justify, and I counted it a duty to be certified to your highness by,

Your highneffes most humble fervant,

Jamaica Harbour, July. 23, 1655.

RICHARD FORTESCUE.

I SHALL Conclude all with a most thankful acknowledgement of the mercies of God to me, in feveral eminent deliverances both from the fword and ficknefs, so that I may truly fay, I never faw more remarkable providences as to my perfonal preservation, nor met with more lets, impediments, and crofs providences, in the management of the public concerns in all my life.

LAWS

LAWS MILITARY FOR THE ISLAND OF JAMAICA,

PUBLISHED BY HIS EXCELLENCY

SIR THOMAS MODYFORD.

ARTICLES and military laws fet forth by his excellency fir Thomas Modyford, knight and baronet, governor-general of his majesty's ifland . of Jamaica, and vice-admiral to his royal highness the duke of York, by advice of his majesty's council here established, for the better ordering and -governing his majesty's forces belonging to his faid ifland, &c.

the intent that the harms of our neighbours might make us wary, To and in a posture ready to prevent or refift the attempts of our enemies in these times of fo great danger, his excellency hath thought it neceffary, by the advice of the council, to ordain that this colony be in the moft warlike and fecure pofture poffible, and that these laws military hereafter enfuing be obferved and put in execution by all officers, foldiers, and inhabitants, of this ifland:

--

IMPRIMIS. That the courts of juftice, and proceeding at the common laws, be from and after the next fitting adjourned without day, and not to be reaffumed without new and exprefs orders from his excelJency; and that, in lieu thereof, courts martial fhall be held within the precincts of every regiment, and a general court martial where his excellency fhall appoint, for punishing of all blafphemers of God's holy name, fwearers, curfers, drunkards, and other enormous offenders, according to the direction of the faid court, and alfo for putting the laws enfuing in execution.

SECOND. That all men within this island, under the age of fixty years and above twelve, thall, within fix days after publication hereof, prefent themfelves to be inlifted either in horfe or foot in the company where they refide, under the penalty of five pounds, or fuch corporal punishment as at a court-martial fhall be thought fit; and all matters within this ifland thall prefent, in the time aforefaid, their fervants of

above

above twelve and under fixty years old, to be inlifted in the foot com. panies where they refide, under the penalty of five pounds, or cor poral punishment as the court-martial fhall think reasonable. The age of the faid perfons to be adjudged by the infpection of the com. nander in chief of that precinct.

THIRD. The faid perfons, named in the next articles, are not to be received among the horfe without they alfo prefent a good horse, saddle, and piftols, fit for fervice, but fhall be all compelled to carry mufkets or fuzecs, while to be had, and when not, then to prepare lances; and with them to appear, when commanded, upon pain, for their refpective neglects, to be punifhed at the difcretion of the court-martial. FOURTH. That all commiffioned officers and commanders fhall duly exercise their respective companies, as often as they fhall be thereunto . commanded by their fuperiors, upon pain of being punished at the dif cretion of a general court-martial; and the other officers and foldiers, if they do not appear in complete arms, with ammunition and all things needful, to be punished at the difcretion of their own regimental court-martial, or at the general court-martial if the cafe require. FIFTH.-Whofoever shall neglect to attend fuch guards of horse or foot as fhall be thought fit to be appointed, or withdraw from the fame before he be relieved or otherwife commanded, fhall be punished with death.

SIXTH.-What fentry or perdue fhall be found asleep or drunk, or forfake his poft before drawn off, fhall die without mercy.

SEVENTH.-No perfon fhall depart from his colours without licence, upon pain of death.

EIGHTH-Whofoever abfents himself when there is occafion of fervice, as to fet the watch or the like, thall be punished at difcretion, V. L, wooden horfe or the like.

NINTH.-Whofoever makes known the watch-word without order, or alters the fame, thall die for it.

TENTH.-All fuch as practife or entertain any intelligence with the enemy, directly or indirectly, thall die without mercy.

ELEVENTH. If the commander-in-chief of any fort, pafs, or place, appointed to be defended, yield the fame without the utmost neceffity, he fhall be punished with death; but if the foldiers under his command forced him to it, every tenth man fhall die.

TWELFTH.-Whofoever fhall prefume to violate a fafe-guard fhall die without mercy.

THIRTEENTH.-Whofoever fhall come from the enemy without trumpet or drum, after the custom of war, or without a pafs from his excellency, thall be hanged up as a fpy.

FOURTEENTH.-Whofoever fhall ufe any word tending to the death of any commander-in-chief fhall be punished with death.

FIFTEENTH.-Whofoever fhall prefume to quarrel with or give unfeemly language to his fuperior officer fhall be punished at difcretion, and whofoever fhall be fo heady as to ftrike, fhall die for it.

SIXTEENTH.-Whofoever fhall refift, draw, or lift, or offer to draw or lift, any weapon against his officer, correcting him orderly for his offence, fhall die for it,

SEVENTEENTH.-Whofoever refifts the provost-marshal or any other officer in the execution of his office, or thall break prifon, fhall die for it. EIGHTEENTH.-Whofoever fhall utter any feditious or mutinous difcourfe, or fhall make any mutinous affemblies, or be prefent at them, thall die for it.

NINETEENTH.-Whofoever heareth fuch words, or of any fuch meeting, and doth not forthwith acquaint his commander with the fame, shall be heavily punished at a court-martial.

TWENTIETH. No man fhall take his own fatisfaction for any injury, upon

pain of being punished at difcretion; but, upon complaint made to

the

the court-martial, fhall have fuch reparation as fhall be thought fitting

and just.

TWENTY-FIRST.-Whofoever fhall wilfully kill another fhall die for it.

TWENTY-SECOND.-Every man fhall appear with his arms duly fixed and decently kept, upon pain of death centure, and whofoever thall embezzle them, or willingly make them unferviceable, or throw away his ammunition, thall die for it.

TWENTY-THIRD.-Upon a march none fhall extort victuals or other neceffarics from any planter, upon pretence of any want whatfoever, upon pain of death.

TWENTY-FOURTH.--None fhall ftraggle from his troop or company, or march out of his rank, or plunder, or fire any houfe, upon pain of death.

TWENTY-FIFTH.-Upon encamping, none thall prefume to go a mile from the camp, upon pain of death.

TWENTY-SIXTH.-No man fhall draw his fword, or fire again after the watch is fet, without lawful caufe, upon pain of death.

TWENTY-SEVENTH.-No man fhall fail to repair to his colours, upon an alarm given, upon the pain of death.

TWENTY-EIGHTH.-No man fhall abandon his colours, or fly away in time of battle, on pain of death; and it fhall be lawful for any man to kill him who turns his back.

TWENTY-NINTH.-No man fhall kill an enemy who yields and throws down his arms, upon pain of arbitrary punishment.

THIRTIETH. No man fhall fave an enemy while he has offenfive arms in his hands, upon pain of losing his prisoner.

THIRTY-FIRST,—In case of victory, no man fhall pillage the enemy before a fign given for licence fo to do, upon pain of death.