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Courts Martial for the trial of offenders, in the same manner as if they were Regimental, whose sentence is not to be executed till it shall be confirmed by the said Commanding Officer. ART. XXXIX. That no person whatsoever shall use menacing words, signs or gestures, in the presence of a Court Martial then sitting, or shall cause any disorder or riot so as to disturb their proceedings, on the penalty of being punished at the discretion of the Court Martial. ART. XL. That to the end that offenders may be brought to justice, whenever any officer or soldier shall commit a crime deserving punishment, he shall, by his Commanding Officer, if an officer, be put in arrest; if a non-commissioned officer or soldier, be imprisoned till he shall be either tried by a Court Martial, or shall be lawfully discharged by proper authority. ART. XLI. That no officer or soldier who shall be put in arrest or imprisonment, shall continue in his confinement more than eight days, or till such time as a Court Martial can be conveniently assembled. ART. XLII. That no officer commanding a Guard, or Provost Marshal, shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces aforesaid, which officer shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. ART. XLIII. That no officer commanding a Guard, or Provost Martial, shall presume to release any prisoner committed to his charge, without proper authority for so doing; nor shall he suffer any prisoner to escape, on the penalty of being punished for it by the sentence of a General Court Martial. ART. XLIV. That every Officer or a Provost Martial to whose charge prisoners shall be committed, is hereby required, within twenty-four hours after such commitment, or as soon as he shall be relieved from his guard, to give, in writing, to the Colonel of the Regiment to whom the prisoner belongs, (where the prisoner is confined upon the guard belonging to the said Regiment, and that his offence only relates to the neglect of duty in his own Corps,) or to the Commander-in-Chief, their names, their crimes, and the names of the officers who committed them, on the penalty of being punished for his disobedience or neglect, at the discretion of a General Court Martial. ART. XLV. And if any officer under arrest shall leave his confinement before he is set a liberty by the officer who confined him, or by a superiour power, he shall be cashiered for it. ART. XLVI. That whatsoever commissioned officer shall be convicted before a General Court Martial of behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, shall be discharged from the service. ART. XLVII. That all officers, conductors, matrosses, drivers, or any other persons whatsoever, receiving pay or hire in the service of the Artillery of this Colony, shall be governed by the aforesaid Rules and Articles, and shall be subject to be tried by Court Martial in like manner with the officers and soldiers of the Troops. ART. XLVIII. That for offences arising amongst themselves, or in matters relating solely to their own Corps, the Courts Martial may be composed of their own officers; but where a number sufficient of such officers cannot be assembled, or in matters wherein other Corps are interested, the officers of Artillery shall sit in Courts Martial with the officers of the other Troops. ART. XLIX. That all crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of to the prejudice of good order and military discipline, though not mentioned in the Articles of War, are to be taken cognizance of by a General or Regimental Court Martial, according to the nature or degree of the offence, and be punished at their discretion. ART. L. That no Courts Martial shall order any offender to be whipped or receive more than thirty-nine stripes for one offence. ART. LI. That the Field Officers of each and every Regiment are to appoint some suitable person belonging to such Regiment, to receive all such Fines as may arise within the same for any breach of any of the foregoing Articles, and shall direct the same to be carefully and properly applied to the relief of such sick, wounded, or necessitous soldiers as belong to such Regiment, and such persons shall account with such officer for all Fines received, and the application thereof. ART. LII. That all members sitting in Courts Martial shall be sworn by the President of said Courts, which President shall himself be sworn by the officer in said Court next in rank; the oath to be administered previous to their proceeding to the trial of any offender, in form following, viz: You, A B, swear that you will well and truly try and impartially determine the cause of the prisoner now to be tried, according to the Rules for Regulating the Forces raised or to be raised for the defence of the Colony of Connecticut, so help you God. ART. LIII. That all persons called to give evidence in any case before a Court Martial, who shall refuse to give evidence, shall be punished for such refusal at the discretion of such Court Martial; the oath to be administered in the form following, viz: You swear the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God. Resolved by this Assembly, That the military officers in the several Towns, that were concerned in assembling or furnishing with Ammunition any of the inhabitants of this Colony who marched in the late alarm, either eastward or westward, are hereby ordered and directed to deliver to the Selectmen of such respective Towns, where any expense has been occasioned thereby, a particular account of the names of the persons who marched under arms as aforesaid, for the relief of people in distress, and have since returned; and also of the time every such person was detained, from the first of his march till his return; and also the quantity of Ammunition every such person was supplied with from any Colony or Town stock. And the Selectmen of all such respective Towns are hereby ordered and directed to collect a particular account of the expenses for provision, carriage, &c., that has incurred by means aforesaid, in such Town severally, with the names of the persons who advanced the same, or to whom the satisfaction may be due. And such Selectmen are also ordered and directed to lay before the Committee of the Pay-Table a particular account of the quantum of each article of expense for provision, time of those that marched, money advanced, &c.; which Committee of the Pay-Table are hereby ordered and directed to settle and adjust such accounts, and allow what shall be just and reasonable; the pay of the officers respectively, and wages of the men, to be the same as in the present establishment, and give to such Selectmen an order on the Treasurer for payment of the same. And such Selectmen are hereby directed to receive and pay the same accordingly to each of the persons to whom it is due; and such Selectmen are also hereby ordered and directed to receive back of such persons who marched in the service aforesaid, and have returned, such articles of Ammunition as they received from any Colony or Town stock, and see the same duly returned accordingly. And in case such Ammunition or part thereof shall not be returned, the value of such proportion so detained by each of said persons who received the same, shall be deducted out of the sum allowed to him respectively for his service aforesaid. Whereas there is convincing evidence that a design is formed by the British Ministry of making a cruel invasion from the Province of Quebeck upon the Northern Colonies, for the purpose of distressing our lives and liberties, and some steps have actually been taken to carry said design into execution: And whereas several inhabitants of the Northern Colonies, residing in the vicinity of Ticonderoga, immediately exposed to incursions, impelled by a just regard for the defence and preservation of themselves and their countrymen from such imminent dangers and calamities, have taken possession of that post and of Crown Point, in which were lodged a quantity of Cannon and Military Stores, that would certainly have been used In the intended invasion of these Colonies, and have also taken into their custody a number of officers and soldiers who were holding and keeping said Posts, and of their own motion have sent them into this Colony; and as this Colony has no command of said Posts, now in possession of people of several Colonies, it is impracticable for said officers
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