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by John Cruso, published in the year 1644,
compiled by Lieut.-Colonel F.H.D.C. Whitmore, C.M.G., D.S.O., T.D.
CHAPTER XVI.- Of distributing bootie.
All bootie (whether it be given by occasion of defeating the enemie, or going out upon parties, &c.) is free to them that take it, whether they be prisoners, or any thing else, the Lord Generall being in the field. But otherwise, it is to be shared among them that were employed in the action.
One part is for the Infanterie, and two for the Cavallrie: and it is death to him that shall let go any prisoner, or horse, or other bootie, or shall use any fraud whatsoever: and they that shall not discover it (knowing of any such deceit) shall loose their shares. The Captains, being present at the taking of bootie, use to have five shares, and two for two pages. The Lieutenants three, and the Cornets two, and either of them one for a page. But of later times the Captains take ten parts, the Lieutenants six, the Cornets foure, according to the places which they have in forage.
The bootie being reparted, every companie giveth 10. per centum to their Captain of what is gotten, though he were not present: to the chief of the troop (though but a private souldier) two parts, and so to the guides.
All the bootie being brought together, they choose two of the discreetest souldiers to cause the bootie to be sold: these keep account of the money taken for it, certifying the Chief thereof, who ordereth to every man his due proportion. The Trumpets must have leave of the chief Commander of the place to sell the said bootie, and the buyer is to give one of every twentie to the trumpeter, for his pains in the sale: which money is to be divided among the trumpeters which were employed in the taking of that bootie; they having no other share.
If one or more horses were hurt or killed in the combat, or any souldiers chanced to be hurt in the said action, those horses must be made good, and the souldiers are to be recompensed, before the bootie be divided, at the discretion of the Chief.
If any souldiers horse fall lame, after the troop be marched a good distance from the quarter, so as he be forced to return back, yet shall that souldier have his share of the bootie as if he had been present at the taking thereof.
Moreover, concerning the taking of prisoners, because other authours are scant in this particular, it will not be amisse (for the better satisfaction of such as are not acquainted with that language) to add something out of the States edict, as followeth.
Every souldier (of what condition soever he be) shall forthwith, and before evening, bring all such of the enemie as are taken prisoners before him, which commandeth in the quarter; upon pain of loosing his prisoner, and being punished with death.
And if any should take some eminent officer, or commander of the enemie prisoner, or other person of qualitie; they shall be bound to present the same (or cause him to be presented and delivered) immediately to the Lords the States Generall, or the Councel of State, receiving for them (as also for other prisoners which the said States shall take to themselves) some reasonable recompence, according to the qualitie or abilitie of the said prisoners; yet not exceeding the summe of 500. pounds, whereby the said prisoner shall remain at the disposing of the said States: and they which took him, ought to have no further pretence to him.
It shall not be lawfull for any man to cause a prisoner to be killed, or set at ransom: nor (after ransom be paid) to suffer him to depart, without leave of the Generall, or of him that commandeth in the quarter, on pain of being disarmed, and banished out of the provinces.
And if any prisoner be found to walk about the leaguer or place of garrison, without leave of the Generall or Commander in that quarter or garrison; the partie which had taken him shall forfeit his said prisoner, to the profit of him who first shall apprehend the said prisoner.
All lawful booties are to be certified by the takers thereof, to the Commander of the quarter within three houres after their arrivall; and are to be registred, and sold in the open market, &c. upon pains of forfeiture, and of corporall punishment, &c.
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