§1. Justus Lipsius, in his commendation of Roman discipline, says that Justice, Chastity, and Innocence dwelt in their camps. Nor can I deny that many things among them were excellent. But I deny that their observance of laws and discipline was much better than ours. There are some examples of integrity but more of wickedness, and that vigor of discipline was frequently interrupted. Concerning the justice of the soldiers there is nothing to debate. It was said of those of old: “Law is where the reward is greatest.” Marius denied that he had been able to hear the laws amid the din of arms. I understand their chastity much less, since fornication was freely permitted them. Women, indeed, were kept away from the camps of the Romans. Their successors too preserved this rule. A law of Frederick I says:
No woman shall be with us in our camps;
whoever is found guilty will depart, stripped of his spoils,
shamefully, and she will be mutilated in her nose, once restored.
But a more grievous crime nevertheless existed among the pagans. Scipio expelled two thousand prostitutes from the camp at Numantia, but the same Lipsius denies that they were women. What purpose did it serve to commend a chastity which dishonored the male sex by an unspeakable crime?
No other innocence greatly worthy of commendation remains, even while the state was uncorrupted.
§2. Our own practices, therefore, which possess so many soldiers who fear God, appear not to deserve contempt. For there are very many historical records even from the present age. This is an argument for their innocence: among the Romans very many commanders were killed by their armies; among our men this is scarcely heard of. Their organization also is not inferior today, although perhaps more costly.
§3. If we compare laws with laws, there is no doubt that ours are holier. If we compare customs with customs, judging from the observance of the laws, there are some matters in which we are surpassed; in most we surpass them. Those who are eulogists of time past and disdainful of the present will laugh at this. But I, unless I am mistaken, will prove it with the aid of the good God.
THE MILITARY LAWS, THEREFORE, ARE AS FOLLOWS.
I.
Let them not blaspheme; let them punish blasphemers; and let them swear that, where they have offended, they will pay a fine. Year 1530.
But the whole system of German military service was set down in the year 1570, and constitutions were made by the emperor and the princes. I shall present them at the end of the book, preserving the order of the articles, so that it may plainly appear that we by no means lack good laws, but sometimes lack the practice of the laws.
First, after the cavalrymen have thoroughly trained their soldiers through preliminary exercises, and have equipped each and every one of them both with belts, sleeves, cloaks, breastplates, gloves, and helmets suitable for fortifying and covering them, and also with two smaller handguns ready to hand, let them come with those men to the place and at the time appointed and established by Us and the Holy Empire for the army to be mustered. There, after receiving half a month’s pay as enlistment money, let them render their faithful and steadfast service during the three months immediately following the levy, and in the other months which follow thereafter, for as long as it shall be necessary to Us and the Empire.
II.
Before the army is led out upon campaign, let N. kreuzers be paid to them for each horse and for each wagon. Let them notify the recruiting officers, in accordance with the oath by which they are bound, of the beginning of their departure, and let them advance four miles each day; nevertheless, let it be permitted at times to halt in order to take some rest.
III.
They shall thus proceed to the review of arms to await the levy. If it is deferred longer, let N. kreuzers be added for each horse for as many days as intervene, besides the expense of the wagons.
IV.
And so that their expedition may be more expeditious and entangled in no difficulty, the magistrates of every place to which they turn aside shall establish a tolerable rate for public innkeepers. Thus, being content with N. kreuzers for a cavalryman and horse and N. kreuzers for a wagon and horses, let them neither exact a greater price for lodging nor escape punishment for their exaction. Meanwhile, we desire our cavalrymen no less to remember moderation, so that they demand nothing beyond a sufficiently moderate and fitting table.
V.
At the beginning of the march, let the commander of the army and the master of the cavalry divide the cavalry into squadrons, and let them place over each squadron a decurion or a designated man. They shall arrange for the name of one or the other to be proclaimed and recorded in every place through which they march. From this it may be known, if complaints are lodged concerning any violence committed by the cavalrymen or any injury done to the inhabitants, against whom punishment must be taken according to the nature of the offense, either by bodily penalty or diminution of pay, so that the man who suffered the loss may be compensated.
VI.
After the muster has been held, one month’s pay shall be paid immediately to the cavalrymen—namely, N. florins for each horse approved at the levy—and likewise for a baggage wagon, the master of the decury, and other necessities, as is established in the agreements made.
VII.
Together with the levy, the month of meritorious service shall begin immediately and shall be completed by the passage of thirty days, whether they are dismissed by Us or the Holy Empire as no longer necessary a short or a long time afterward.
VIII.
To men who arrive after the first levy, at which we desire every man to be present with his men in readiness, neither shall a second levy be granted nor shall We or the Empire owe anything, unless manifest impediments arising from marriage have created the delay for some of them. But if any of the enrolled cavalrymen should bring more men than the number prescribed or permitted to him allows, wishing them nevertheless to be supported equally with the others, let him understand that We will be bound to him on no account and that the Empire will incur no obligation.
IX.
If, after the army has been mustered, We or the Empire should dismiss them as superfluous within or before the completed space of three months—in the first or second month, of which correspondingly fewer or more days will have passed—the pay for three months shall nevertheless be paid to them in full, although their departure is to be computed. On the other hand, a particular accounting shall be made if dismissal is given at any time in the third month.
X.
Whatever number of draft horses a man lacks from the prescribed number at the levy, the commissioners shall deduct the corresponding amount from his money. It shall be their responsibility to supply every deficiency among horses of this sort, whether their failing strength gives out or death leaves them broken down. Nevertheless, those which have fallen at the hands of the enemy shall be reckoned as whole and sound for the entire month and afterward replaced by others free from every defect.
XI.
If some exigency of war should demand the cavalrymen’s wagons, especially at a time when they can do without them without notable loss, let them willingly surrender the wagons and obey the common necessity.
XII.
Let no one harness to a wagon a coursing horse which has been examined and approved, unless necessity demands it and the master, being informed, gives his consent. He shall not be impelled to grant this except by a matter of very great importance.
XIII.
Let each master lead approximately three hundred men beneath his own standard, according to the judgment and regulation of the recruiting officers and commanders.
XIV.
The master of a squadron shall be paid one florin each month for every horse approved through the levy.
XV.
Over every fifty men let their own decurion be placed, whose pay shall be twenty-five florins. Likewise, let a baggage horse be attached to every twelve horses, and let six florins be expended upon it. Let there also be allotted, above ordinary pay, thirty-two florins to the lieutenant; twenty-four to the standard-bearer; twelve apiece to each of two trumpeters, as also to the scribe, barber, and quartermaster; in addition, twelve to the gunsmith, six to the saddler, eight apiece also to two attendants if they are present at the levy, and finally twenty-four florins to one minister of sacred rites or preacher, if one is available.
XVI.
Although it is assigned to the decurions to form the whole body of cavalry and its leaders in military discipline and order, nevertheless, because masters have hitherto sometimes reserved this allowance to themselves and have consequently lacked designated decurions whom the cavalrymen assigned to definite places and stations might obey, confusions and disturbances have arisen rather often. Therefore, so that these may be avoided hereafter, let the masters take care to distribute the cavalrymen of their standard equally among decurions and to declare, by fixed names, each decurion over each body of fifty. Thus every decury may know whom it ought to follow whenever it is to be sent to any places or stations.
XVII.
Whatever, in addition, the commanders of the army and the masters of the cavalry receive to be divided among the leaders of ranks and common cavalrymen, let them distribute by name and in good faith. If they act otherwise, let them undergo the censure of an inquiry and punishment.
XVIII.
Whenever the soldiers are reviewed, let every decurion pass together with the fifty men entrusted to him, in the order in which they were entered in the levy-book.
XIX.
On every march, in foraging, and elsewhere whenever it shall be necessary, let the decurions carefully watch those committed to their care and custody, so that by this means accused offenders may more easily be investigated and punished.
XX.
Since trains extended to great length are burdensome to military operations for many reasons, let no master of cavalry be assigned more than twelve horses, no nobleman more than six or eight, and no count or lord more than ten or twelve, unless one among them, more powerful in resources and authority, should appear at the levy well equipped and prepared in every respect with a greater number. The recruiting officers may accordingly permit him more.
XXI.
Let neither the commanders nor the masters of cavalry permit several men to combine into one rank under the pretext of a single name. Instead, let them take care that each man pass through the levy in the place and rank which he holds in the register, with his own name and surname recorded and his horses entered.
XXII.
Among these cavalrymen, no lord or nobleman who serves with only four or three horses shall be permitted to use a servant—
XXII. —but let those who lead five or six horses have the use of only one servant. Even if they exceed the number six but do not reach twelve, let them still have only one; if any completely fulfill the number twelve, let them have the right to two servants.
XXIII.
Let every lord or nobleman who serves with six or more horses train one of his men who, equipped with a longer firearm, can skillfully employ it against the enemy, since we have found that a firearm of this kind is as advantageous to military operations as it is exceedingly useful to the cavalry itself.
XXIV.
In accordance with these constitutions, let the commander of the army and the masters of cavalry permit no cavalryman to enter the number of the enrolled, the levy, or its book unless the lord himself is present in the field; nor let them permit horses to pass under an assumed name which the men falsely claim, or under the person of one to whom they do not belong.
XXV.
Inasmuch as in these times the custom has also arisen that certain noblemen, after they have subjected their horses to some standard, themselves wish to live freely and be subject to no one, together with one or another coursing horse which they allege that they have in reserve; and inasmuch as this practice, because men of this kind obey no one other than their own mind and will, tends to produce inequalities and to disturb military discipline and even the battles themselves, partly through rebellion and partly through confusion; therefore let the masters leave no place among their men to any lord or nobleman who, equally with the others, is not entered in the register and held bound by the same laws of obedience.
XXVI.
As far as possible, the masters shall endeavor to recruit and gather their cavalrymen from noblemen, not from common soldiers. Moreover, at the levy let no extended ranks be approved for them, unless perhaps only in the case of veteran soldiers who have completed their service and whose valor has been proved; even then, with their own master individually interceding, let only so many horses be approved as the recruiting officer has seen fit.
XXVII.
Let every lord and nobleman clothe his men in such a way that, after their departure from home, their bodies are protected from cold and other injuries of the weather, and let their firearms likewise have their own coverings.
XXVIII.
Likewise, let every lord or nobleman so establish his men that they bring their service to be engaged until the end of the period prescribed, and indeed to remain obligated to Us and the Holy Empire for as long as need shall require. Let none of those who receive pay either demand or induce his lord to dismiss him while the campaign is still continuing, whether at the beginning of the opening year or toward the end of its completed circuit. Rather, let all remain steadfast, and while they remain let them not solicit greater pay. But those who, as deserters from military service, depart against the will of their lord without either an honorable or a causally justified dismissal shall, if apprehended, be delivered to punishment; if they escape by flight, let them be publicly proclaimed perjurers, under which name they shall everywhere be held infamous and shall nowhere be tolerated.
XXIX.
Let no man insolently insult his lord and no man show himself refractory. To point a firearm or sword at him shall be a capital offense.
XXX.
Let no one entice any soldier or servant away from another. But if anyone should depart from his lord with hostile intent or while manifestly guilty of some offense, or should be dismissed, let no other lord or nobleman following the same campaign receive that man unless the former lord has ratified it.
XXXI.
Conversely, let these men also preserve moderation and cultivate equity in treating their servants. If the contrary is done and spirits on both sides are inflamed through disputes and complaints, it shall belong to the masters of cavalry or the commander of the army to investigate the matter diligently. If they themselves cannot compose the dispute, it must be referred to the judgment of the military tribune, who, after hearing both sides and weighing the matter, shall assess the case according to truth and equity.
XXXII.
Let no commander or master release one or more cavalrymen from their oath or give them permission to depart without the knowledge and will of the commander-in-chief; nor let him dare to receive newly arriving cavalrymen and place them beneath the standards.
XXXIII.
If one or more of the cavalry should fall ill, or even, while engaged by command of his commander in honorable business, be led away captive by the enemy, they shall be regarded as sound and whole in every month while the army remains in the field. But their horses and armor shall also be produced at every review.
XXXIV.
If the horse or servant of any cavalryman should fall at the hands of the enemy, or perish through another manifest misfortune of war, then, unless the man substitutes another within one month, or at most two months, after the commissioner has learned of it, let him thereafter expect no pay for the one lost.
XXXV.
Let no man who wishes to preserve both the faith of the oath by which he has bound himself to Us and the Holy Empire and his own honor receive from another or lend to another any cavalryman, horse, armor, or other necessity of war, either at the review of arms or outside it. Instead, let each man diligently and sufficiently equip himself in every respect, prepared to go out and undertake watches with the same arms with which he appeared at the review. Whoever is improvident or negligent concerning this constitution shall be fined his pay.
XXXVI.
Apart from these, let no immunity from watches be given to any horses except the twelve belonging to the master of cavalry and the six belonging to the standard-bearer.
XXXVII.
Let the commanders and masters of cavalry labor with diligent attention and serious care, when arranging the marching columns, to ensure that the cavalrymen present around the standards, in accordance with the levy-book, both the horses and every item of equipment complete and filled out in their proper numbers and parts.
XXXVIII.
Whenever the commissioners come to them to inspect each standard separately, let the commanders and masters of cavalry permit one to be presented apart from another and the number of each to be taken. If a notable deficiency or one suspect in number is then encountered under any standard, inquiry must be made among the cavalrymen both so that the reason and origin of the deficiency may be established and so that the necessary care may be applied thereafter, lest by any fraud committed or by some small diminution of the number paid for by Us, We or the Empire be frustrated. Accordingly, we also desire the commanders, together with the masters of cavalry, to attend every review and always to be present with the recruiting officers, supplying whatever assistance, support, and aid they can, so that not only may the latter duly execute the matters entrusted to them, but service may also be rendered faithfully and steadfastly to Us and the Empire.
XXXIX.
Let the commander, the masters of cavalry subject to him, the leaders of ranks, and the cavalrymen observe Us in the first place, then the supreme legate appointed by Us and the military tribune, and thereafter the captains set over them. Let them await the command of these men in every contingency and outcome of affairs with the faith and obedience owed, ready by day and by night, with full or half-full standards and squadrons, collectively and individually, as either the matter itself or the command of Us and Our legate shall require, to enter the field, be placed in garrisons, perform watches, forage, and conduct escorts. Moreover, without the permission of their superiors let them neither depart with the standards or squadrons, nor otherwise from their rank or from camp, nor send away any baggage, nor even join battle with the enemy when not ordered. Rather, let each remain in that very place to which he is directed by the commander-in-chief, his commander, or his master. Let them obey these men in every place and at every time, in accordance both with what befits true soldiers and with what they owe by right to their commanders and captains and also by force of these constitutions.
XL.
Likewise, let the said prefect of the soldiers and his masters of cavalry, leaders of ranks, and cavalrymen, in proportion to the care they bear both for maintaining the dignity of their lineage and the equestrian order and for fulfilling the faith by which they bound themselves to Us and the Empire, also see to it that the cavalry law praised from antiquity is established, confirmed, and proclaimed with the utmost zeal and diligence. Let all subject themselves and obey it as the rule of perfect Justice, and let them also undergo judgments and punishments for offenses in accordance with these constitutions, the imperial decrees, and the laudable custom of war transmitted to Us.
XLI.
We, by the grace of God Emperor of the Romans, by imperial power and majesty, both from the authority of Our office and with the consent of the electoral princes, the estates general, and the counselors and legates of those absent, will that these equestrian laws, employed from antiquity with great praise, be restored to their former vigor and preserved. We further confirm and deliberately command that whatever is done duly and lawfully, in accordance with the established constitutions, within the boundaries of the Empire or outside them under the dominion of foreign rulers—not only by Us, Emperor of the Romans, at Our court and in Our campaigns and garrisons, but also throughout the entire Empire and through all Our hereditary dominions—be regarded as ratified, firm, and perpetual, to be pursued and executed without possibility of contradiction.
XLII.
Let all things which are handled and decided in any place before an equestrian court for as long as the campaign continues be committed to the book or volume in which the acts of the war are recorded. From it, after the war has found its end, let two copies be transcribed, to be secured by the seal either of the military tribune, if he was present, or of the commander.
XLIII.
And because, for some years past, disobedience, various confusions, and a certain rather free and unrestrained manner of living and acting have crept into the German forces—things which they did not derive from their ancestors, who carried away the palm of valor and probity before other nations and were especially renowned for their observance of military discipline—therefore, so that hereafter not only may precautions be taken against these evils, but Christian Piety, Good Order, Justice, and Obedience, upon which the safety and preservation of men rest, may also recover their former vigor and receive greater increase from day to day, let the cavalrymen henceforth restrain every license of life with the bridle of right reason. Above all, let them abstain from blasphemies and contempt of the divine word; let them inflict neither molestation nor violence upon anyone; and let them have no intercourse with immodest women or with women following the camp. If, however, women free from a shameful reputation are present, whose honorable service is employed and used both for attending to the sick, for washing, and for other things without loss of chastity, they may be tolerated with the consent of the commanders.
XLIV.
Let commanders, masters, and prefects also apply themselves most diligently to this: that, in accordance with the care by which they are solicitous to defend their own honor and discharge the faith they have given, they themselves should above all be zealous to institute a pious and Christian life and should be vigorous defenders of justice and of the poor, thereby offering their cavalrymen examples and incentives to imitate the good, rather than inviting them to evil by their own conduct.
XLV.
Let every lord and nobleman, together with his men, come when summoned to the sermon on Sundays and at other times whenever the signal is given by trumpet, and let them attend divine service. But if anyone is meanwhile found at drinking parties, taverns, or other places suspected of levity, let him be punished, with this distinction: let a servant be confined in prison, bound with fetters, unless another manner of punishment seems appropriate to the nature of the offense. But if he is a lord, let him, when called to account by his master or commander, first be sharply chastised in words; then, if he shows little or no amendment, let him be arraigned as guilty before the prefect and judge of the camp; finally, let the cavalry laws also be threatened against him, according to whose uniform and perpetual tenor, if he were thereafter to devote his life to crimes and disgraceful deeds through manifest wickedness, he should be punished by dishonorable discharge as an example to others.
XLVI.
Furthermore, by force of these constitutions, let none of the prefects of provisions draw and sell wine, beer, or anything similar while sacred rites are being performed and the sermon is being held.
XLVII.
Likewise, let there be severe punishment against those who blaspheme publicly, and let all who violate the sacred name of God by deliberate will be punished with an ignominious death.
XLVIII.
Since shameful drunkenness has gained such strength among the Germans, especially in war, that they consider nothing earlier and nothing more important than drinking together after the manner of beasts, by which fault the whole nation brings itself not only into contempt and infamy among others—
XLVIII. —but are also accustomed to procure little favorable success in military affairs and victory. Therefore, in accordance with these constitutions of Ours, we earnestly charge commanders, masters, prefects, lords, noblemen, and cavalrymen that they too endeavor to wash away this stain upon the soul and to set a limit upon drunkenness, and especially that they not allow their servants to be prone to this vice.
XLIX.
If anyone who holds an office is marked as so addicted to drunkenness that he cannot attend to and fulfill his office sufficiently, let his position be taken from him by the prefect of the camp and his commander and entrusted to another, more worthy man who is more sober. Let no one oppose this, and let no one undertake the patronage and defense of that man’s cause, since this constitution and the personal oath by which each man is bound forbid it.
L.
In every offense worthy of accusation which has been committed by lords, noblemen, servants, or men of the highest or lowest rank, let neither the name of drunkenness be advanced nor approved by the prefect of the camp, the commander, and the equestrian court as an excuse for the deed or a mitigation of punishment. Rather, let judgment be pronounced more sharply and severely on this very account, and let the guilty man be condemned to a doubled penalty.
LI.
Let anyone who, rendered improvident by drunkenness or overcome by drunken sleep, has neglected a danger threatening from the enemy suffer punishment.
LII.
If any among the cavalry or the cavalrymen’s servants should gorge themselves with wine to such a degree that they are found deprived of reason, let them immediately be consigned to prison and chains, and let them not be released without the consent of their commander or master. Let these superiors also possess discretion, after the matter has been ascertained, to punish those men and to leave to the equestrian court any who flee punishment.
LIII.
Whoever lays armed hands upon the prefect of the camp or the military tribune, or in any other manner opposes his commanders, masters, prefects of watches, or leaders of ranks—especially in matters which they impose by virtue of their office—shall, in accordance with the decree of the equestrian law, pay the penalty in his body and through the loss of honors and goods.
LIV.
Whoever has violated the authority of his superiors either through contempt or through an insulting word shall be arraigned before the equestrian court and punished according to the gravity of the matter.
LV.
Whoever has stirred up sedition against the commander-in-chief or others appointed as his superiors shall, when summoned to judgment, pay the penalty with his head.
LVI.
In the camp, with respect both to summonses and notifications and to commands and prohibitions, let all adapt and conform themselves, as they ought, to the requirements of justice and military discipline.
LVII.
Let no one lay hands upon the executors of justice—such as the prefects of capital matters, investigators of seditions, and their attendants or assistants, by whatever title distinguished—or oppose them either through violence or recklessness, or place any impediment in their way so that they cannot execute their office. Rather, let all strive to protect them against violators and to preserve them from every injury and violence, understanding that all these matters fall under the penalty of death.
LVIII.
If any cavalryman in camp or elsewhere hears and learns anything which could bring loss or impediment to Us, the Holy Empire, military service, Our provinces or peoples, or those of the Empire, or if he sees or knows of suspicious persons, he shall immediately disclose it to his master of cavalry or, if the gravity of the business so demands, to the commander himself. But if one or another does not do this, then, when the matter is discovered, that man or those men shall pay, as authors of the fault, with their heads or fortunes, without pardon.
LIX.
Let both those who draw up the ranks and the common cavalrymen diligently ensure that the columns march in a straight and unbroken order. Let no one dart about or wander before the standards; above all, let no one mingle with the baggage or wagons, or, by leaving camp too early, go ahead of his own standard. For a good cavalryman who loves equity and wishes to appear honorable ought to judge that consideration is owed not only to himself but also to his comrades, so that he appears present nowhere except at his own standard, to which he has been assigned. Accordingly, let him take care that neither through himself nor through his servants is the order disrupted by wandering horsemanship. He must in no manner and for no cause depart from this order without the knowledge of his commander or master. If the contrary is done, let punishment be incurred according to the discretion of the tribune or before the equestrian court.
LX.
Likewise, without permission received from Us, Our legate, and the commanders and officers subordinate to him, let no one depart from the camp or standard with one or more horses, or remain away at night after going out to forage. Whoever acts otherwise shall be fined according to the judgment of the marshal and commander and also according to the tenor of the equestrian law.
LXI.
Whoever deserts his station in the field without the consent and permission of his commander shall, besides the equestrian judgment which the marshal will pronounce against him as a fugitive and deserter, also suffer the free plundering by everyone of his horses, arms, and, finally, everything he possessed.
LXII.
Whoever has defected to the enemy shall be publicly proclaimed and declared infamous by the marshal and the equestrian court, with the disgraceful mark of desertion to the enemy.
LXIII.
Whoever, after abandoning his standard, has undertaken either secret or open flight shall be punished with disgrace and death. But if another man checks the fugitive then and there with a firearm or sword, let this not be imputed to him as a crime; rather, let it be regarded as a meritorious act.
LXIV.
Without the commander’s permission, let them neither send a trumpeter to the enemy nor receive one sent by him, nor communicate with him through any exchange, whether of business, conversation, or letters. But if anyone receives some message or letters from the enemy, let him not conceal the matter from his commander and master. Instead, let him immediately arrange through that superior for the letters, closed, covered, and known to no one, to be carried to the commander.
LXV.
Let no man who follows the enemy’s side, whether male or female, young or old, have free passage through the watches either when entering the camp or when departing from it. Rather, if such a person is observed, let the guards intercept the person and conduct him or her to one of the commanders or to the supreme commander of the army.
LXVI.
On marches and at stations, while the standards have been raised and are flying in good order, and also among guards who have been posted, let no one direct armed hands against another or engage in single combat with anyone. Let the man guilty of the deed immediately be delivered as a captive to the marshal by the leaders of ranks who are present, or be consigned to prison, soon to be arraigned and to pay the penalty with his head.
LXVII.
Let no one attack or assail anyone from behind, whether within or outside the camp, with a firearm or other lethal weapons. Let no one challenge another to an equestrian duel or violate him in any other manner, under the penalty established by the equestrian law.
LXVIII.
Whoever with wanton audacity has overwhelmed and violated another in that man’s own tent or lodging shall incur the supreme penalty and the rigor of the equestrian court.
LXIX.
Whoever plunders horses or draft animals from plows; whoever destroys or breaks down without permission mills, ovens, and similar structures erected for the common use of the state, whether they belong to friends or enemies; and whoever pours out or destroys wine, grain, or flour, or wantonly inflicts any other loss, shall be punished in body.
LXX.
Let all take care not to put to death persons already of decrepit age, priests, preachers, or women when they are found unarmed, or likewise infants, under penalty of death.
LXXI.
Let no private person conspire or stir up disturbances against another; and let no nation of any kind or cohort of soldiers, whether infantry or cavalry, do so against another or call upon its own nation, under penalty of death.
LXXII.
Let no one render the watches uneasy by discharging a firearm, raising songs and shouts, or in other ways. Let the man who does so not go unpunished.
LXXIII.
Let no one maintain ancient rivalries and inveterate hatreds either in the field or in garrisons, or attempt vengeance. If he has some matter in dispute with another, let him either defer it until military service has been brought to an end, arrange for it to be settled by the marshal or officers, or have it decided by the common law. Whoever acts otherwise shall be punished according to what is equitable and just.
LXXIV.
If men, their anger aroused, should clash with one another and begin a contest, let the spectators who are present restrain the disturbance and bring the divided minds together again once peace has been restored. Let both reconciled sides thereafter uphold that peace steadfastly and willingly for as long as the campaign continues.
LXXV.
Let no one neglect his office and assigned part in keeping watch, refuse to perform it, or depart from his station sooner than he is led away from it. Rather, let him remain immovable in the place where he is posted. But whoever neglects this law shall be brought before the prefect of the field, his commander, and his master; unless he can sufficiently clear himself of his negligence, let him bear the sentence of the equestrian court and be dishonorably discharged without pay or honorable dismissal, or be punished in another manner as the matter requires.
LXXVI.
Let each man proceed to stand watch with the armor and arms assigned to him at the army’s review. Except for a special cause of marriage, let no one dismount from his horse either during the daytime watches or the watches by night. Whoever acts otherwise shall forfeit his horse and armor as a fine to the governor of the field, to be divided equally with the prefect of the watches, while he is to be punished further after the matter has been ascertained.
LXXVII.
Let no one on watch raise the cry to arms without cause. Rather, let each perform his duty of watching with the greatest diligence so that no disadvantage arises from it to the commander or the army. But whoever has through his own negligence omitted anything in this duty shall clear himself before the marshal and the equestrian court.
LXXVIII.
Whoever goes to his watch so drunk that he can neither discharge the duty of watching sufficiently and properly nor give the watchword shall be punished by decree of the marshal and his commander or of the equestrian law.
LXXIX.
Let no one receive suspicious persons as guests or permit them to remain with him; rather, in accordance with the oath by which each is bound, let him deliver them to the commander of the army or his centurions.
LXXX.
If anyone should perceive a method of circumventing the enemy or forestalling adversaries, or if some plan and counsel should occur to him either for wearing down the enemy or preventing loss, let him report it secretly to the commander, the marshal, or his own leader; he will thereby obtain great and deserved favor.
LXXXI.
Let no one extort money by threatening fire or devastate the camp or any other place with flames except by command of the commander.
LXXXII.
If a battle must be fought or a conflict with the enemy undertaken in another manner, let each man remain in his own place, which he occupies by command of his superiors, and let him not depart from it without their will, under danger of infamy. Although his comrades might meanwhile prove victorious in another part, nevertheless the man who has carried out the command through obedience of this kind shall be held in equal esteem with those who, obeying in a different manner, contributed their aid to the accomplishment of the victory itself. For we must look to this: that obedience, as the foundation of every good government, be established on every side, and that, conversely, every disobedience be eliminated.
LXXXIII.
Although by the goodness of God victory over the enemy should fall to us, nevertheless let no one, without permission, abandon his rank or standard, carried away either by hope of booty or by eagerness to pursue the enemy. Instead, let each remain steadfast in his rank and conform himself to the command of his superiors, under danger either of contracting infamy or of violating his faith, lest through some confusion or disobedience on our side toward the enemy, loss or disadvantage flow back upon the whole army.
LXXXIV.
Let no one seize or take away from another, whether by force or in another manner, booty which that man himself has captured or lawfully acquired. But let them arrange for disputes and disagreements which arise from this cause to be distinguished and settled by their own commander or master, or—
LXXXIV. —by the marshal through the judgment of the equestrian court.
LXXXV.
Let no one despoil the suppliers of provisions within or outside the camp or lay hands upon them. Likewise, let no one rush into the place where provisions are kept or seize anything there by force. Let the man guilty of the deed be restrained in prison and punished by the marshal or equestrian law in his body and the goods of his fortune, as the offense requires.
LXXXVI.
Let no one who has gone out of the camp forestall others by buying provisions earlier; rather, let them await their free sale within the camp.
LXXXVII.
If any livestock or other provision is taken from the enemy, let no one divert any of it elsewhere without the permission of the marshal or his commander. Instead, let him sell it in the camp itself at a tolerable price. If a dispute arises concerning the price, recourse must be had to the same marshal as arbitrator.
LXXXVIII.
Whoever among the aforesaid cavalry, whether in camp or in other duties, notices anything which would bring disadvantage or impediment to Us, the Empire, military affairs, or the dominions subject to Us or the Empire, or whoever has knowledge concerning suspicious persons, shall take care to disclose it all without delay to his master or commander—indeed, if the matter has greater importance and weight, to the commander of the army himself. Whoever becomes known not to have done this shall be punished, as an author of the fault, in the goods of his fortune and in his body, without favor.
LXXXIX.
If We, Emperor of the Romans, or Our supreme commander and legate of the army should grant to one or more persons, cities, towns, villages, hamlets, houses, and other goods an escort, safe-conduct, safeguard, or immunities, or should bestow other favors, let Our cavalrymen attempt in no manner whatsoever, either by themselves or through others in their name, to attack or impair privileges of this kind.
XC.
Let them burden none of those who, whatever their condition, are subject or allied to Us or the Empire; let them impose tribute or exaction upon no one, and let them harm no one by pillaging or similar means, whether when beginning or ending their campaign, or at other times when they have passage or establish a stationary camp. On the contrary, let them most justly pay each and every person what they owe. Similarly, let public innkeepers show them equitable reciprocity in the prices charged for things. But when they are to be in the field against the enemy and under arms, let them have a more liberal supply of fodder.
XCI.
If at any time, because the pay ordered has not been provided at its proper time, they must live at the expense of innkeepers and common people, let them conduct themselves equitably and honorably, sparing their hosts and persons of slender fortune as far as possible. Let them keep a diligent account of what they receive by acknowledgments made and given in writing, and afterward permit an equal amount to be deducted from their pay.
XCII.
Conversely, payment shall be made to the poor for losses caused by the passage of cavalry and infantry, through the ordinary quaestor of Us and the Holy Empire.
XCIII.
When camp has been made in enemy territory, if that land nevertheless belongs to the Empire, let no one go out to harass the inhabitants with pillaging, exactions, or other injuries, and let no one permit this to be committed by his servants. Rather, let him watch them with painstaking care and ensure with diligent circumspection not only that they bring nothing belonging to another into the camp by an unjust means, but also that, as regards provisions and fodder, they follow the rate, measure, and ordinance which the prefect of the camp and the marshal shall prescribe to them at every time, in accordance with the oath which they have taken. If some cause of complaint should arise from this, let the masters restore the loss to the needy subjects with money to be subtracted from the pay of those who inflicted the loss. Let noble lords also compel their servants, when they have investigated the case and found them guilty, to make restitution. Indeed, let the guilty also be summoned to judgment and punished as plunderers.
XCIV.
But if, through the present aid of the divine Majesty, the commander of the enemy army or other commanders should be captured by Our cavalrymen, let persons of this kind be presented either to Us or to Our commander, or be delivered into the hands of the man who carries this commission for him—not without a rich reward and the bounty owed.
XCV.
But if persons other than the commanders and leaders already mentioned are made captives, let the man who captures and subjects them have discretion to treat them by exactions and by methods received in military usage. Nevertheless, let the commander-in-chief be informed of every captive, and let none of them be released without his consent.
XCVI.
And if any cities, citadels, villages, dominions, or nations are conquered by war, let all of them, together with their artillery, fortifications, and collected provisions, pass entirely into Our power and be conveyed to the Empire, not diverted elsewhere. Then, after such conquered cities, citadels, and villages, and such subjugated regions and peoples, have rendered homage and been received by Us into Our protection, We will that all the remainder of their substance, which otherwise would be booty by military custom, be immune from every injury and exaction, and We take precaution that no one dare invade it.
XCVII.
Since cavalrymen and infantrymen diverse in origin and nation flow together into a single army, so that the quarrels and disagreements which readily arise and are stirred up from so great a diversity, even from slight causes, may accordingly be avoided, let foreign nations by no compact assail one another with words or deeds, rend one another by conduct or insulting expressions, or attempt to issue forth and provoke one another to debate. Nevertheless, if one injured nation appears to have a just action against another, it must be instituted and pursued before the ordinary magistrate and according to the customary form of military law.
XCVIII.
If one or more among the cavalry offends against these constitutions, or in another manner commits an act contrary to military laws and customs, his own honor, or the faith he has given, let them bear punishment in body, by infamy, or through loss of goods, according as the nature of the offense demands, by the judgment of the prefect of the camp, the commanders and masters, or by decree and custom of the equestrian law.
XCIX.
And if this cavalry should lack an ordinary marshal, or the marshal should not be present, so that a lawful equestrian court cannot be held by him, then, when capital causes and other crimes nevertheless arise which, because of the accompanying guilt, do not admit delay or postponement of punishment, let the commander-in-chief meanwhile assume for himself the task of avenging injustice. Having summoned the masters of cavalry, lieutenants, standard-bearers, and also, if necessary, some of the centurions, and having interposed their judgment, let him, in accordance with these constitutions and the tenor of the equestrian laws, show himself no less sharp a judge against the accused and an avenger of crimes.
C.
Even among German cavalrymen, although they may possess fewer or more standards and may lack a designated marshal, let investigators of capital matters nevertheless be established. Whether they follow the camp on marches or are placed in garrisons, let the men experience them as avengers of evils by force of this constitution, which none of them may refuse.
CI.
If one or more men, after receiving enlistment money from a master, are not present in the ranks when the soldiers are reviewed, or, before or after the review while military order has not yet been established, withdraw with arms scarcely received, or arrange to be enrolled in another man’s service, let them, as is equitable, appear when summoned before the equestrian court and clear their deed. If anyone remains refractory, after an action has nevertheless been brought against him and the case heard, let judgment and sentence be pronounced just as against one who is present.
CII.
If, either during this campaign or during others beyond the boundaries of the Empire under foreign rulers, some error or dispute undertaken for the sake of honor has remained among Germans while they were performing military duties, and it is decided to prosecute it before the equestrian court, then, when the accuser comes and seeks justice against the opposing party who is remaining in Our army, let justice itself be rendered to him, and let the accused, lawfully summoned into court, answer. Meanwhile, the man who brings the case shall also bind himself to the marshal and the commander of the army by furnishing adequate security for everything required in a matter of this kind until it is examined and concluded by law.
CIII.
In all these matters let the said commanders, masters, and cavalrymen conduct themselves as befits soldiers of approved valor and good faith.
CIV.
Furthermore, the aforesaid commander must not only be personally present with and remain attached to the masters and cavalrymen subordinate to him; he shall also not dare to appoint a legate in his own place or entrust his delegated duties to another. Mindful of his dignity, he shall preserve the manner of duly carrying these things out in person, as the representative of the equestrian order, and of answering suitably when questioned concerning them.
CV.
Moreover, let the aforesaid cavalry submit to its review every month, or whenever it is requested, and let the payment of wages follow it. But if, because money is not ready, payment does not always and immediately follow the end of the month, let them patiently endure this delay and meanwhile faithfully perform their share of the duty, as just soldiers do, neither neglecting watches nor refusing marches.
CVI.
At the first review these constitutions and articles shall also be read publicly to the common cavalrymen in the open field beneath the raised standards.
CVII.
This reading of the constitutions and laws shall also always be repeated to the cavalrymen in the circle whenever the number of those serving is afterward taken, so that, their memory having been refreshed, they may more readily know how to direct and conduct themselves according to them.
CVIII.
In the same manner, if cavalrymen should afterward join, once the army is ready for action, and, after receiving enlistment money, be enrolled in the same military service, they shall be bound to observe these same laws no less than if they had contracted for service from the beginning.
CIX.
Let the masters be cautious and provident in gathering soldiers, lest any person of frivolous character, marked by the stigma of a shameful crime or infamy, mingle among their cavalrymen. This is both so that every danger of rebellion, confusion, and sedition may be the farther removed from the army and so that honorable and freeborn soldiers may live more quietly and attend to their duties more easily. But if any persons of this kind become known while lurking among the standards, they shall, on account of their crime—whenever and wherever they have committed it contrary to right—be arraigned before the equestrian court and, in accordance with the nature and measure of the offense, either expelled from the army or punished by another penalty.
CX.
Moreover, if among the enrolled soldiers there is found either a public despiser and blasphemer of God and the divine word, a notorious violator of virgins and women, a man who has bound himself by the crime of unjust homicide, or one who has brought disgrace upon himself through perfidious desertion to the enemy or another deed alien and unworthy of a nobleman, then, when charged and convicted, let him be punished according to the judgment of the equestrian court.
CXI.
Finally, if on this occasion something has escaped Us or been omitted in these articles which, both by the nature of what is right and by the custom and institution of the ancestors, is required to be observed by cavalrymen, let all be bound to follow and observe it just as if it had been expressly stated, and let transgressors be punished.
ON THE CONSTITUTION OF THE CAVALRY LAW
I.
First, let all commanders, masters of cavalry, leaders of ranks, lords, and noblemen, together with the other cavalrymen who are their comrades in arms, be enrolled and admitted under the constitutions which have been set forth, in which are contained, in order, the articles of the equestrian law and military discipline composed and established by Us, Emperor of the Romans, by the electoral princes, and by the estates general of the Empire.
II.
When the assembly has therefore been held, let Our commander-in-chief—who has accepted as his foremost care the governing of the army of the Emperor of the Romans and the Empire—arrange for the whole cavalry to be summoned into one place, unless perhaps its greater multitude appears to require division into parts. Then let him, together with the marshal and those who hold the higher offices, go around the same body in a circle, while the herald carries a drawn sword before them. There, after the signal has been given by the trumpet, let him first address the cavalrymen openly with a gracious speech because they have offered their service with so liberal a spirit for Our good and the advantage of the Empire, and then let him speak the remaining words with kindness according to the following sense.
III.
Since obedience and good government are both exceedingly pleasing to God Himself and so salutary and useful to us that our German ancestors always judged that they must apply themselves to them with the most vigilant spirit, therefore he wishes, in Our name, in the name of the Empire, and also in his own name, to admonish all men that they should be willing to embrace discipline and obedience, follow laws and judgments, cultivate Christian charity, and adopt honorable conduct worthy of a nobleman. That is, they should be zealous for piety toward God and lovers of an honorable life and, conversely, should avoid and flee utterly deeds which are more like those of a rude pagan and an ignoble man than of a noble cavalryman imbued with illustrious blood and the Christian faith.
IV.
And so that these things may be observed more rightly and certainly, We wish Our constitutions and those of the Empire now to be read to them. They contain the most ancient and most highly praised articles of the equestrian law, which We and the Empire have ordered to be recalled to their former vigor, established, and put into practice for the advantage and glory of the German nation. In this manner they shall serve according to the ancient custom.
V.
Nor is there any doubt that, in accordance with the freeborn character of German cavalrymen, they will regard these very things as equitable and good, and will not only accept them with a willing and joyful spirit but also put them into effect. After these preliminaries, let the reading of the articles follow.
VI.
When it has been completed, let the commander-in-chief exhort them again that, with the sincerity which is proper, princes, counts, magnates, noblemen, and common cavalrymen—of whatever condition and whatever age they are, high or low, youthful or declining in years—should all be willing, as they ought, to conform themselves to what has been read, obey faithfully and obediently, and remain in the faith given to their commanders, the Emperor of the Romans, the Empire, Our legate, and the officers subordinate to him. Whether they occupy the open fields extensively or reside in garrisons, let each man by night as well as day, according to his own measure of strength and the custom of the ancestors, discharge his duty even with contempt for danger to his fortune and his head, prodigal of life and heedless of his goods. Let them not think themselves released from this faith before this military service is dissolved, unless death intervenes or other grave and just causes arise. Rather, let them maintain a spirit and conduct worthy of a freeborn German cavalryman, uphold equity and right, commend the whole military enterprise by fervent prayer to the almighty Deity, and finally show themselves free from every fault and disgrace and from the punishment of disgrace. At the end of his exhortation the commander-in-chief shall ask them, in accordance with ancient custom, to bind themselves by this oath and, with all raising their hands, to be willing to swear to these laws and to the performance of everything contained in them.
VII.
When the laws and articles of war have been read and the oath pronounced, the commander of the war shall establish the ranks of the legions and shall indicate to the cavalrymen those who are to hold the principal offices.
VIII.
First, let him take the sword from the herald’s hand and deliver it to the marshal. Let him entrust to the marshal the care of Justice, or of Equity and Right, for protecting the good and obedient and, conversely, punishing the wicked and guilty, earnestly impressing upon him the oath which he has taken with the common voice of all.
IX.
Then let the commander-in-chief name the remaining persons appointed to the other higher offices, and at the same time commend to them a diligent and faithful care of the number of their men, corresponding to the oath which they have taken. In addition, let him impress upon the cavalrymen collectively that they render to each and every officer of this kind the obedience which is proper in matters pertaining to each man’s particular office.
X.
Thereupon the officers in turn, after giving thanks, promise due submission to the commander-in-chief and the performance of their office to the cavalrymen.
When these things have been completed, the circle is dissolved at the sounding of the trumpets.
BY WHAT PROCEDURE THE CAVALRY LAW IS TO BE CONSTITUTED
Let the marshal appoint as his legate a nobleman distinguished by uprightness of life, maturity of judgment, and experience in affairs, and let him entrust to this man, besides other matters, the care of Justice and the equestrian law. Let there also be joined to him a person well skilled by practice to discharge the office of scribe. At the first equestrian court, let this man bind his faith by a public oath.
HOW THE SAME LAW IS TO BE OBSERVED
I.
So that the equestrian law may be duly observed, let it first be proclaimed throughout the camp by a trumpeter at the marshal’s command; or, if that appears more convenient, let it be announced in order to each part of the divided army.
II.
Then let the marshal, to whom the chief care and burden of justice has been committed, select three masters of cavalry, three lieutenants, three standard-bearers, likewise the same number of decurions, together with one cavalry commander. With these men let him enter and complete the court; indeed, on the preceding day as well let him take counsel with them, if it appears necessary and useful for the case that this be done beforehand.
III.
If the cavalry is more numerous, so that men are readily available from the multitude for this purpose, or if some capital cause or another grave matter of honor arises, let the court be doubled by establishing twenty-four persons and selecting more decurions from the standards accordingly.
IV.
When the aforesaid persons have assembled before or within the marshal’s chamber and he is about to proceed to the place of judgment, let him arrange for a herald or another man to precede him, carrying a drawn sword before him, and for a trumpet blast to go before them, both to add authority to the law and to offer a terror to the soldiers. Let those persons follow immediately in pairs and in unbroken order, bearing their own swords resting upon their shoulders, with the point rising upward if the cause is capital, but fitted to the side if it is not a criminal cause.
V.
In every judicial cause, especially if it demands a penalty or concerns the preservation of reputation, property, or military discipline, let the marshal himself be present and administer justice and equity with the greatest zeal and defend it by his authority. But if civil causes of lesser importance arise while he is detained by more serious business, let his duties be fulfilled instead by his legate.
VI.
When the marshal and the others have taken their full seats in the place of judgment, let the marshal himself first place his sword upon the table. Then let the judges invert their swords, with the points turned toward the ground, if the cause is capital.
VII.
Likewise, let the book of constitutions be placed upon the table.
VIII.
After this, let the marshal first propose and command the judges who have been requested and appointed that they be willing to judge neither corrupted by money, gifts, and largesses, nor for the sake of obtaining a gift; and that, with hatred and envy removed, and without regard either for friendship or enmity, they instead hear the causes argued on both sides by allegation and defense, in accordance with the imperial constitutions and decrees, and deliver and pronounce sentence with that sincerity of justice with which they pray that they themselves may be judged by God the Judge at the Last Judgment. Then let him receive from each of them his pledged faith to preserve this equity, confirmed by the giving of the right hand.
IX.
Furthermore, let the marshal inquire according to custom concerning the court: whether the men in whose hands it rests are qualified; likewise, whether it is being held at a lawful time; and whether any impediment intervenes which forbids the imperial equestrian court from being held.
X.
Then he shall adjure the judges by almighty God, the fountain of all justice, and thereafter in Our name as the supreme magistrate, in the name of the Empire, and also in the name of Our commander: let no one speak without permission and without his advocate; let no one depart from the court, lest the surrounding crowd crush them.
XI.
Then let him inquire whether a day has duly been appointed for the litigants and whether they have been summoned.
XII.
In capital causes and those which concern the good of military discipline, let the investigator of capital matters come forward; and, if because of the greater weight of the matter it so appears to the marshal, let his legate come forward in addition to him. In civil causes, however, where a monetary dispute is brought, let the plaintiff and defendant, when they come forward, each request one person from the court and one or another from the assistants, by whose counsel they shall arrange for their cause to be pleaded and examined.
XIII.
In penal causes, the relevant article contained in the cavalry laws and the imperial law concerning crime are the most exact norm and rule of judgments.
XIV.
While the inquiry is conducted, let the cavalrymen be admonished under their oath that each man keep his vote concealed and wrapped in perpetual silence and bury it with himself in the same grave.
XV.
Before judgment is pronounced, if a criminal cause or a matter of honor is disputed among men of high station, let the marshal always disclose the matter itself to the commander-in-chief in order also to learn his mind. In accordance with the dignity of the person, the condition of the time, and the circumstances of affairs, the commander may consequently mitigate and soften the severity of the punishment.
XVI.
When judgment is pronounced in penal causes, let the marshal hold his sword in his hand with its point directed upward.
XVII.
But while the inquiry is being made and opinions delivered, let the others appointed to judge lower the points of their swords. When the judgment has been made public, let them then raise them, and let the marshal break his staff. Then let them depart from the court to the place from which they came, with each judge bearing his sword resting upon his shoulder or, if it was not a criminal cause, fastened at his side.
XVIII.
Finally, whatever is handled and concluded anywhere in courts of this kind while military service continues shall be written and recorded in good order in the book appointed for this purpose. When the war has now been completed, let two copies of this book be authenticated by the marshal’s seal, and let one be transmitted to Our chancery and the other to the chancery of Our beloved electoral prince of Mainz, so that anyone may have recourse to it in the future.
ARTICLES OF THE GERMAN FORCES
I.
The German forces shall first swear to Us, Emperor of the Romans, and to the Holy Empire that through faithful military service they will serve Us and the Empire both in averting evils and in advancing advantages. They shall likewise bind themselves by obedience to Our supreme legate, their commanders, captains, lieutenants, standard-bearers, leaders of ranks, quartermasters, and others appointed by Us to higher offices. All, of noble and ignoble blood and condition alike, shall take care not to resist or evade anything which they receive as commanded by these men under the equitable condition of a soldier. Let them beware of confronting them with a fickle and seditious spirit, violent hands, or an insulting mouth. Instead, let them be ready to approach and abandon the enemy and to obey every necessity whatsoever which arises on marches, in battles, in incursions, or on watches by day and night. But if anyone shows himself disobedient, let him be punished according to law by the judgment of the commander, as is declared in the articles written below.
II.
Let every soldier keep as far away as possible from all impiety both of words and of works, and let him entreat God with the suppliant prayer of his spirit for victory over the enemy. Whenever he is summoned by the sounding of the drum, let him come to the sermon and not omit it unless prevented by grave business. But if anyone does not fear to offend God with a blasphemous mouth or deed, let him be punished in body and life by decree of the commander and of the law. If anyone is found during the sermon and divine service in wine cellars, at drinking parties, or in other places serving as lodgings of levity and shamelessness, let the investigator have the right to place him in fetters and to fine him by judgment of the commander. Meanwhile, while sacred rites are being performed and the sermon is being held, let none of the prefects of provisions draw or sell any wine, beer, or anything similar.
III.
Whoever are to carry spears and shorter swords shall appear at the review of arms equipped with swords sufficiently strong for defense, serviceable sidearms for either hand, or suitable German swords. Above all, however, let the firearm troops equip themselves with trustworthy and serviceable swords. Let no one exchange his arms, of whatever kind; rather, preserving them with diligent custody and care, let him not destroy them by abusing them for cutting wood or for other purposes, so that, as good soldiers, they may bear and employ those same arms whole against the enemy when the time requires it. Whoever is found to have acted otherwise shall pay a fine for it, especially by diminution of his pay when the soldier is reviewed.
IV.
Likewise, let every man keep the aforesaid arms—and especially let the firearm troops keep the larger firearms and the things pertaining to them—placed in safety and readiness. Let them take every precaution not to be found without gunpowder, bullets, and tinder. But if anyone presents himself so unarmed on marches and watches that he can engage the enemy with neither sword nor firearm, let him pay the penalty in his body.
V.
Likewise, let all be provided with cloaks, so that they may more easily endure the onset of rains and the force of cold, and above all so that the firearm troops may cover their firearms and powder flasks and use them more conveniently.
VI.
Let every company under a standard, whether collectively, separately, or even by decuries, as the matter requires, present itself prepared and ready both to undertake marches and to perform station and garrison duty, obeying Our command, the command of Our commanders, and necessity itself.
VII.
If at any time a captain or another officer should, under the compulsion of necessity, entrust something not contrary to military valor to be accomplished together with the standard-bearers, leaders, and soldiers of another captain, they must obey these men just as if their own captain had given the command.
VIII.
Let them keep women in childbed, pregnant women, virgins, men worn out by age, those initiated into the priesthood, preachers of the divine word, and other ministers of the Church uninjured and unharmed, inflicting no injury upon them under penalty of death.
IX.
Under the same penalty, let them abstain from churches, monasteries, cloisters, houses and hospitals, and places consecrated to literary instruction, harming them in no manner.
X.
Let the passage of thirty days complete a month of paid service, according to accepted custom, and let four florins—each consisting of fifteen batzen or sixty kreuzers—be paid to each man for every month. But if, when the appointed time has already elapsed, a delay occurs in paying the money commanded, let them nevertheless neither more sluggishly nor more impatiently refuse to perform their turns of watch or to march against the enemy, as befits soldiers.
XI.
Whoever at any time and place either withdraws as a fugitive after receiving enlistment money or afterward departs from the army as a deserter without permission and an honorable discharge shall, if apprehended, be condemned to death once the cause has been introduced, even without being brought into court; and let his goods be subjected to plunder. But if he is not apprehended or brought back, let him be branded with the public mark of infamy and deprived of every freedom, security, and protection of safe-conduct.
XII.
Let no one depart from his rank on marches unless a grave cause presses. But whoever does not comply in this matter, let the commanders, leaders of ranks, and public officers bring him back into rank by force. If, resisting in turn, he rejects their commands and thereby furnishes a cause for his own killing, let the man who kills him not be summoned on a criminal charge.
XIII.
Whoever on marches or at stations, after being justly rebuked by another leader for causes arising from the fact that he conducts himself otherwise than befits a soldier, rises against him either supported by an assembled crowd or insulting him with reproaches shall be punished according to the commander’s decree and the prescriptions of the law.
XIV.
When opinions are requested, let the cavalrymen be reminded of their oath and obligation so that each man’s vote is preserved in silence to the grave. Let them show themselves equally ready and prepared to undergo the final hazard of life with courageous faith in defending the same matters. Indeed, for the sake of their honor and the oath taken, let them enter into neither conversation nor counsel concerning the betrayal of them.
XV.
By force of their oath, when danger and necessity from the enemy threaten and the captain or one of the commanders requests it, let them not refuse to be employed in laboring and building.
XVI.
When placed in a garrison of this kind, even if they are attacked by the enemy in one or more assaults, let them live content with their same ordinary pay, since We or the Empire owe them nothing additional for this. And let no one invade in order to plunder or force himself into citadels, cities, and other garrisons which are received under conditions, unless opportunity or an order has been given by the commander.
XVII.
Let them leave dismissed and unassailed all who have been presented by Us with a guarantee of safety or have come under oath into Our protection, devising nothing against them under penalty of death without the consent and permission of the commander-in-chief or the man performing his duty in his place.
XVIII.
Let them not plunder, pillage, or inflict any loss upon places which enjoy a safeguard, under penalty of death.
XIX.
If at any time We, or Our supreme legate whom We have appointed, engage in a second battle against the enemy, or if some principal fortification is captured by a powerful assault—which may God turn to good—then the period of paid service of each soldier, regardless of the point which the month has meanwhile reached, shall be regarded as completed and shall begin anew, although We or the Empire are to be bound to them for nothing beyond this. If, although money is not yet ready, it appears that further loss can be inflicted upon the enemy, let them not refuse, at the commander’s order, to pursue them and deter them by whatever means they can. Whoever resists shall be regarded as perjured and afflicted with capital punishment. Nevertheless, in these matters We do not wish the established customs and agreements in kingdoms and hereditary provinces to be changed or prejudiced by Us; rather, let all things remain unmoved.
XX.
In battles and incursions and after their favorable success, let no one be more intent upon booty or gape more greedily after plundering goods.
XXI.
Without the knowledge and against the will of his captain, let no one go out of the camp to plunder or for other reasons, or remain away from his standard at night, under penalty both of death and of another punishment to be inflicted by decree of the commander.
XXII.
If one or more men incline toward flight in battle or elsewhere, let the nearest man either run them through or strike them. Indeed, if anyone weaving a flight of this kind is killed by someone, the killer has committed not a criminal deed but a deed to be rewarded with singular favor.
XXIII.
But whoever removes himself by flight shall first be reported by name to the commander; if he is afterward apprehended, let him pay the penalty with his head; if not, let him pay for his perfidy by the mark of public infamy.
XXIV.
By force of the oath they have taken, let them beware of holding assemblies without the knowledge and against the will of the commander. Those who hold them shall, as a faithless crowd and with every hope of favor cut off, be punished with death.
XXV.
Under penalty of death, let no one maintain any communication by conversation or letters with the enemy or with their drummers and trumpeters, whether in camp, on marches, or in garrisons; and let him neither send a messenger into the enemy camp nor receive one from it without the commander’s order and permission.
XXVI.
Let no person among the enemy or those adhering to them, of whatever sex and whatever age, be permitted to enter and leave Our camp freely by passing through the watches. Rather, let whoever discovers them also apprehend them or conduct them either to his captain or to the supreme commander of the field.
XXVII.
If anyone should become aware of treason and of other crimes which one or more men intend or inflict either to the detriment of the army itself or to the injury of its commander, let him either immediately disclose the names of the evildoers before the master and the investigator of capital matters, so that by revealing his knowledge he may discharge his oath, or let him pay as though he himself were the author, guilty of the same perfidy.
XXVIII.
If anyone should discover a method dangerous to the enemy for harming them and suitable for aiding his own men, let him disclose and explain it to the commander or supreme commander-in-chief, and he shall receive great favor for this deed.
XXIX.
Let all diligently avoid quarrels arising from the insolence of mutual contention, under penalty of death, joined most closely to one another by peace and the concord which unites minds.
XXX.
During quarrels, by force of the oath he has taken, let no one employ lethal arms against another, such as firearms and longer swords. Meanwhile, let the free use of side-swords be permitted for defending life by cutting or thrusting.
XXXI.
If inveterate hatreds exist among some of the soldiers, let them lie still and remain at rest while this laudable campaign is conducted, unavenged by word or deed unless vindicated by law. Whoever acts otherwise shall, when summoned to judgment and convicted, be punished with disgrace and death.
XXXII.
Let no one stir up others against another. If, however, some dispute and disagreement should happen to arise among certain men, let the nearest who are present endeavor to render them peaceable, demanding an equitable peace from both sides. Whoever rejects that peace after it has been sought two or three times, and is killed by someone on that account, shall be judged to have atoned in this manner for the injury of thrice rejecting peace. The man who strikes one who seeks peace or is stripped of arms shall be arraigned and, according to decree, punished with an ignominious death.
XXXIII.
Whoever, after peace has been composed, attacks another standing before him with his arms, whether by hurling or casting them, shall be punished in body.
XXXIV.
If two or more men, after a disagreement has arisen, rush into blows, let no one, by joining the faction, support only one side. Rather, so that the evil may not receive a greater increase, let him interpose himself for the purpose of separating the altercation and ending the fight. Whoever acts otherwise shall be punished according to the judgment and decree of the commander or commander-in-chief.
XXXV.
Under penalty of death, let no one discharge a firearm at a place and time when danger and loss from the explosion are feared, whether this occurs in camp, in cities, or in citadels, especially when the watches have been posted and it is night.
XXXVI.
Whoever does not come when summoned to the watches shall be fined according to the commander’s decree. If, however, he does not appear because of ill health, let him notify his captain through a comrade both of his absence and its reason, and ask permission from him.
XXXVII.
Whoever, when he ought to perform his portion of the watch, departs from his station without permission shall be punished with every favor cut off; and his comrades are bound by force of their oath to report this very act.
XXXVIII.
Let no one furnish a substitute guard against the will and without the knowledge of his captain. Above all, let each exercise diligent care concerning the watchword which will be designated to them at any particular time. For whoever consigns it to oblivion or gives a different one shall be arraigned and punished with an ignominious death.
XXXIX.
Whoever is found overcome by sleep while on watch, or departs before he is relieved, shall be punished capitally, beyond every favor which might remit fault or punishment.
XL.
When the night watches have been completed, likewise during the daytime watches and in the ranks, let no one quarrel with another either in the streets or in lodgings, under penalty of death.
XLI.
In friendly territory and upon land belonging to Us and the Empire, whether they are engaged in marches or encamped, let no one take anything from another by force or without paying the price, and let no one invade in order to pillage the poor common people. Rather, let each leave the host with whom he lodges in cities or villages satisfied by equitable payment.
XLII.
Whoever acts otherwise and furnishes cause for a just complaint shall, besides the restitution to which he will be compelled by his captain and commander, pay penalties in life and body when the matter has been ascertained.
XLIII.
Under corporal penalty, let no one stir up sedition and disagreements or raise a disturbance against a foreign nation, if one is present in the army; and let no one engage in a duel with anyone of that nation, so that greater disadvantage may be avoided. But if some controversy arises with it concerning any matter, let them refer it to their superiors, who will uphold justice and equity on both sides. And when provisions are carried to the army, lest the prefects of provisions be affected by any violence or molestation, let no one invade or plunder the provisions, either before or after they have been brought into camp, before their value has been assessed.
XLIV.
Under the same penalty, let no one run out of camp in order to buy provisions too early. Rather, let each endure the delay until they have been brought into the open area of the camp and a price has been placed upon them.
XLV.
When the prefect of capital matters or his officers are about to apprehend violators of the laws and of obedience, let no one impede them by gathering factiously against them or by attempting seizures beyond what is equitable. Rather, let them protect those officers. Whoever brings so much delay and impediment upon them that the guilty man escapes, snatched from their hands, shall pay the penalty which would have been inflicted upon the guilty man himself.
XLVI.
If anyone is caught in the commission of a flagrant crime—for example, manifestly guilty of a killing which has been committed, theft, treason, or similar offenses—when the investigator or his officers are not immediately present, let the nearest persons who are present detain the guilty man for the good of military discipline until the investigator comes with his men.
XLVII.
Let no one enroll his name under two captains, arrange to be reviewed twice, or pass under another man’s name. Let no one promise his arms to another as assured or lend them to him in order to deceive the army’s review. Whoever is guilty of this fault shall have punishment established against him.
XLVIII.
At the review, let each man declare, besides the name of purification which he received at the sacred baptismal font, his surname also. Indeed, let him name his native city or the place of his birth near that native city, so that they may be entered in the record.
XLIX.
Let no one, in violation of the faith of his oath, cause prejudice or devise fraud. Nor let anyone join aid and counsels with any man by any method through which We and the Empire might at last be burdened with unjust and unlawful military pay, circumvented, and deceived.
L.
At the review of the soldiers, let the commanders themselves and those who hold offices, as well as the noblemen, appear clothed in all their armor.
LI.
If cavalrymen and infantrymen must at any time reside together in one camp, let both sides endure this conjunction peacefully, and let the infantrymen willingly concede to the cavalrymen as much space as is sufficient for placing their horses.
LII.
Let each man remain content and with a peaceable spirit in the place which has fallen to him from the quartermaster.
LIII.
Under corporal penalty, let no one despoil a plow; let no one without permission destroy or break down mills, ovens, or anything constructed for the use of the state, whether it belongs to friends or enemies. Let no one from mere wantonness pour out wine, grain, or flour, or destroy them in another manner.
LIV.
Let no one slaughter men worn out by advanced age, preachers of the divine word, or women, if they are found unarmed, or infants either, under penalty of death.
LV.
Without a particular command of the commander-in-chief, let no one impose an exaction by threatening fire; and let no one set fire to a fort or anything else, under penalty of death, especially in places past or through which Our forces have a free passage, lest some obstacle be placed before the provisions.
LVI.
Let every man establish such a measure for himself in drinking together that he both restrains himself from drunkenness and does not importunately urge another to drink. If anyone when drunk inflicts either violence or hands upon another or commits another fault, let him undergo not merely a penalty as severe as if he had offended while sober, but one twice as grievous.
LVII.
Above all, let the man whose part it will be to keep watch take care not to admit drunkenness. But if anyone is found so drunk on watch that he cannot perform his turn sufficiently, let him be consigned to fetters and punished in addition according to the decree of his commander.
LVIII.
If, moreover, anyone is found upon public roads or on the marches themselves so dissolved by wine that, deprived of the necessary use of reason, senses, and limbs, he can neither stand nor walk, with an uncertain gait and wandering foot, let the investigator or his officers apprehend him and consign him to chains and prison.
LIX.
Under penalty of death, let no one, impelled by any necessity, raise the cry to arms against the will or without the knowledge of the commander.
LX.
And when the cry is raised, let each man seize as quickly as possible the area or place assigned to him, with no one remaining within his lodging except for a grave cause of ill health, under penalty of death.
LXI.
Whoever, oppressed by wine and sleep, neglects a danger threatening from the enemy or the signal for battle shall be punished with his head.
LXII.
Let each man possess, according to military law and custom, whatever he has acquired by plunder from the enemy in battles and incursions, except artillery, gunpowder, fortifications, provisions laid up, and other things which contribute to the support of a town; and except also the captive persons of the enemy’s magnates, princes, commanders of the field, and prefects of camps. These shall come into the power and judgment of Us, Our commander-in-chief, or Our legate and must accordingly be delivered to them; meanwhile, however, let the merit of the man who captured them be compensated by the grateful return of a just reward. Likewise, under penalty of death, let no one release any captive without the commander’s grant.
LXIII.
If anyone, injured either by the enemy or by another honorable cause, is weakened, or even through the dispensation of God suffers ill health, let him nevertheless meanwhile enjoy his pay.
LXIV.
Let those who have taken livestock or other provisions away from the enemy not conduct them elsewhere, but sell them in the camp itself, for the good and convenience of the common soldier, at a price which is not burdensome but tolerable and has been imposed according to the judgment of the investigator or their commander.
LXV.
Let no one seize or carry away by force the booty which another man has gained for himself. Those guilty of this fault shall be punished according to the commander’s decree.
LXVI.
Let no one attempt to violate the freedom which executioners possess under the common law. Whoever violates it shall be punished with death.
LXVII.
While the order of march is being led, let no one march among the army’s baggage unless he is weakened by grave ill health and has obtained permission for this indulgence from his captain.
LXVIII.
When they have received the command from the commander-in-chief or their captain, either at the very first levy or afterward, let each, in accordance with the faith pledged by his oath and under danger of losing reputation and honor, dismiss his baggage and any attachments of immodest women who adhere to him but are not truly wives.
LXIX.
Let none of the captains receive another’s soldiers, if any desert from their own standard, without the knowledge and will of the other captain. Let no cavalryman who deserts his lord during the same campaign be enrolled in any body of infantry; and, finally, let no one entice any man away from another.
LXX.
Let no one challenge a fellow player by laying down a greater stake, and let not the man who has money present prolong the game. However great a winning it may happen that one man is to give another in the future, let the latter nevertheless owe him nothing.
LXXI.
If any do not observe these written articles, let them pay the penalties as perjurers and men guilty of a crime, in accordance with the decree of the law and the sentence of the commander-in-chief. If anything not alien to the name and valor of a soldier has been passed over in the laws related above, whether by forgetfulness or silence, let all offenses and errors of the soldiers nevertheless be left to the judgment of the commander-in-chief and punished by his avenging sentence.
LXXII.
Moreover, all infantrymen who, a short or long time afterward, begin to serve and earn pay for Us and the Empire in this army, give their names, and receive their allowance shall, although they were not present when the oath to these laws was sworn, nevertheless be bound by the same necessity and observance of them just as if they had been present in person.
LXXIII.
If forgetfulness of these constitutions should creep upon any, let them at any time approach the military praetor in order to receive a rereading and instruction concerning them, which he will be obliged to provide.
LXXIV.
Let them swear for three months. If their service is necessary beyond these months, by force of these constitutions let them serve, enrolled and accepted, for all the time for which there is need, neither refusing nor excusing themselves, understanding all things in accordance with the tenor of these written articles.
ANNOTATION OF CERTAIN ARTICLES ANNEXED TO THE FOREGOING
I.
Since German commanders, masters of cavalry, and captains are permitted and free to lead German forces to foreign rulers, not only in accordance with the privileges flowing down to them from their ancestors and the liberty transmitted to them, but also according to the tenor both of the former constitutions of the Empire and of those now in force; but since at the present time others who are not German by birth wish to arrogate and usurp the same right for themselves, not without prejudice and loss which could thereby flow back upon the German nation; therefore, henceforth no foreigner who is a native neither of the Empire nor of a territory committed to the protection and good faith of the Empire shall be permitted to collect, enroll, and lead German forces, whether cavalry or infantry, in the manner of a commander, master of cavalry, or captain. But if one or more foreign commanders and commissioners attempt the contrary within the Empire, every endeavor of theirs must be removed and prevented both by the general governors of the circles and by Us Ourselves whenever necessity demands it. Meanwhile, the magistrate to whom they are subject shall also take notice and establish punishment against any who, contrary to Our constitutions and those of the Empire, give their names to foreign commanders and commissioners, whether moved by a legal action brought against them or by his office. They shall never thereafter be tolerated among the number of German soldiers.
II.
The German forces and all others who are enrolled by foreign rulers and serve for annual pay shall specifically except in their letters of enlistment that they are never willing to take up arms against the Holy German Empire, their dear fatherland, or any nation thereof, whether those arms are to be taken up for offense or for defense. Indeed, let them testify beforehand that they give themselves to military service chiefly from zeal for its safety and love of its preservation, and that they will resist it in no manner whatsoever, whatever foreign princes may at last propose and prescribe to them.
III.
The German soldier, and the commanders and masters who govern him, while they serve under foreign rulers, shall observe the military order and discipline already related—
III.
—and shall establish and maintain it in conformity with the laws constituted by Us and the Empire, and, in addition, with the equestrian law and the articles already set down.
IV.
But if any one of the commanders, masters of cavalry, captains, or others who hold offices either among the cavalry or among the infantry—and, speaking universally, if any one of the soldiers—while they serve foreign princes should commit an offense against these laws of Ours and of the Empire, against the laws of the cavalry, and against the articles set down above, by departing from military order and discipline, or should in another manner impair his reputation and good name; and especially if leaders of ranks should deal perfidiously and unjustly with the soldiers subject to them, whether by the circumventions of enemies or by fraudulent devices, whether in relation to provisions or to clothing, or even by imposing unsuitable arms upon approved men, or by defrauding them, in whatever ways this can be done, of their pay and of the protection owed them against enemies: although all such men may have departed from that place unpunished, nevertheless let the ordinary magistrate to whom they are subject, as soon as he learns of it, summon them to judgment and inflict punishments upon them, whether moved by his office or by an action brought by someone. And if in any place a magistrate should be lacking, while the manifest deed demands punishment, it will be Ours—as those who wield the supreme power over affairs—to take cognizance of the cause, either by virtue of Our office or because a complaint is brought before Us, and, in accordance with Our constitutions and those of the Empire, the laws of the cavalry, and the articles, to establish and pronounce an equitable punishment against the guilty man.
V.
And because, in order to forestall losses and injuries of every kind, the matter altogether seems to demand good order—namely, that the companies under the standards be furnished with and consist of soldiers as thoroughly trained and experienced as possible, and also of a suitable equipment of arms, but especially of distinguished firearm troops, whose skill and valor are altogether of very great importance in these times of ours, when foreign nations in particular are instructed and trained in this kind of military service—it has therefore been established that under each standard there be four hundred men, and among these one hundred exceptionally well armed with long pikes, each of whom is to be furnished with a shorter firearm. Of this hundred, let the men be armored to half their bodies; those, namely, whose pay rises above eight florins are to march as heavy troops in full armor with completely mailed sleeves. In addition, let there be fifty veteran and thoroughly trained soldiers, who themselves are to carry their armor both for closely attending the standard and for whatever other use occasion may offer; besides broadswords and other shorter weapons, such as battle-axes, let each also carry a smaller flintlock firearm suspended from his belt. Let the remaining fifty form a body of common soldiers who carry pikes. All these things shall henceforth be earnestly commended to the commanders and captains at levies and enlistments.
VI.
Let the two hundred who remain be firearm troops, well furnished with siege helmets, swords, and likewise hunting guns equipped with fire-striking flints. Moreover, let them be trained every month and taught to discharge the firearm applied to the cheek. But let every man untrained in or ignorant of skillful shooting be demoted, as a punishment, from the firearm to carrying the pike, and let a man from the common soldiers who appears suitable be substituted in his place, so that both eagerness and spirit may be added to them for learning the art of shooting properly and for advancing in mutual view of one another.
VII.
And because foreign nations are becoming accustomed to use fearsome firearm troops equipped with a double firearm, let each company under a standard establish ten men of this kind.
VIII.
Of the aforesaid firearm troops, let the hundred already mentioned be maintained at five florins per month, fifty at six, forty at seven or eight, and the remaining ten, who are burdened with a double firearm, at ten florins.
IX.
Under each standard let there be at least eight or ten noblemen, or other soldiers of proven valor and singular experience, who, engaged for higher pay and furnished with their own horses—which it will be for them themselves to maintain—shall obey the will and necessity of their commander or captain, but shall serve especially in directing the firearm troops.
And these are the laws of German military service. If they were kept accurately and severely, the Sultan’s arms would assuredly not be feared, nor would the ancient military service of the Romans seem worthy of admiration to us. And yet many things are observed excellently. But frequently want of pay, the commanders’ dissimulation, the centurions’ avarice, and the soldiers’ license—especially in civil wars—not only oppress good laws but do not permit even their voice to be heard.