ART. XLVIII. All Officers, Conductors, Gunners, Matrosses, Drivers, or any other persons whatsoever, receiving pay or hire in the service of the Continental Artillery, shall be governed by the aforesaid Rules and Articles, and shall be subject to be tried by Courts-Martial, in like manner with the Officers and Soldiers of the Continental Troops.

ART. XLIX. For differences 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 Corps.

ART. L. 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 and degree of the offence, and be punished at their discretion.

ART. LI. That no persons shall be sentenced by a Court-Martial to suffer death, except in the cases expressly mentioned in the foregoing Articles; nor shall any punishment be inflicted at the discretion of a Court-Martial, other than degrading, cashiering, drumming out of the Army, whipping not exceeding thirty-nine lashes, fine not exceeding two months pay of the offender, imprisonment not exceeding one month.

ART. LII. 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 person shall account with such Officer for all Fines received, and the application thereof.

ART. LIII. 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 Continental Army; so help you God.”

ART. LIV. 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 following form, 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.”

ART. LV. Every Officer commanding a Regiment, Troop, or Company, shall, upon notice given to him by the Commissary of the Musters, or from one of his Deputies, assemble the Regiment, Troop, or Company under his command, in the next convenient place for their being mustered.

ART. LVI. Every Colonel, or other Field-Officer, or Officer commanding any Corps, to which there is no Field-Officer, and actually residing with it, may give Furloughs to Non-Commissioned Officers and Soldiers, in such numbers, and for so long a time, as he shall judge to be most consistent with the good of the service; but no Non-Commissioned Officer or Soldier shall, by leave of his Captain, or inferiour Officer, commanding the Troop or Company, (his Field-Officer not being present,) be absent above twenty days in six months, nor shall more than two private men be absent at the same time from their Troop or Company, excepting some extraordinary occasion should require it, of which occasion the Field-Officer present with, and commanding the Regiment or independent Corps, is to be judge.

ART. LVII. At every Muster the Commanding Officer of each Regiment, Troop, or Company, then present, shall give to the Commissary of Musters Certificates signed by himself, signifying how long such Officers, Non-Commissioned Officers, and Soldiers, who shall not appear at the said Muster, have been absent, and the reason of their absence; which reasons, and the time of absence, shall be inserted in the Muster-Rolls, opposite to the respective names of such absentees; the said Certificates shall, together with the Muster-Rolls, be by the said Commissary transmitted to the General, and to this or any future Congress of the United Colonies, or Committee appointed thereby, within twenty days next after such Muster being taken; on failure whereof, the Commissary so offending shall be discharged from the service.

ART. LVIII. Every Officer who shall be convicted before a General Court-Martial of having signed a false Certificate, relating to the absence of either Officers, Non-Commissioned Officer, or private Soldier, shall be cashiered.

ART. LIX. Every Officer, who shall knowingly make a false Muster of man or horse, and every Officer or Commissary who shall willingly sign, direct, or allow the signing of the Muster-Rolls, wherein such false Muster is contained, shall, upon proof made thereof, by two witnesses, before a General Court-Martial, be cashiered, and moreover, forfeit all such pay as may be due to him at the time of conviction for such offence.

ART. LX. Any Commissary who shall be convicted of having taken any gift or gratuity on the mustering any Regiment, Troop, or Company, or on the signing the Muster-Rolls, shall be displaced from his office, and forfeit his pay, as in the preceding Article.

ART. LXI. Any Officer who shall presume to muster any person as a Soldier who is at other times accustomed to wear a Livery, or who does not actually do his duty as a Soldier, shall be deemed guilty of having made a false Muster, and shall suffer accordingly.

ART. LXII. Every Officer who shall knowingly make a false Return to the Commander-in-Chief of the American Forces, or to any his superiour Officer, authorized to call for such Returns, of the state of the Regiment, Troop, independent Company, or Garrison under his command, or of Arms, Ammunition, Clothing, or other Stores thereunto belonging, shall, by a Court-Martial, be cashiered.

ART. LXIII. The Commanding Officer of every Regiment, Troop, independent Company, or Garrison, in the service aforesaid, shall, in the beginning of every month, remit to the Commander-in-Chief of said Forces, an exact Return of the state of the Regiment, Troop, independent Company, or Garrison under his command, specifying the names of the Officers not then residing at their posts, and the reason for, and the time of their absence; whoever shall be convicted of having, through neglect or design, omitted the sending such Returns, shall be punished according to the nature of his crime, by the judgment of a General Court-Martial.

ART. LXIV. No Sutlers shall be permitted to sell any kind of Liquors or Victuals, or to keep their houses or shops open for the entertainment of Soldiers, after nine at night, or before the beating of the reveille, or upon Sundays, during divine service or sermon, on the penalty of being dismissed from all future sutling.

ART. LXV. All Officers commanding in the Camp, or in any Forts, Barracks, or Garrisons, are hereby required to see that the persons permitted to suttle shall supply the Soldiers with good and wholesome Provisions at a reasonable price, as they shall be answerable for their neglect.

ART. LXVI. No Officers commanding in any Camp, Garrisons, Forts, or Barracks, shall either themselves exact exorbitant prices for Houses or Stalls let out to Sutlers, or shall connive at the like exactions in others, nor lay any duty or impositions upon, or be interested in the sale of such Victuals, Liquors, or other necessaries of life, which are brought into the Camp, Garrison, Fort, or Barracks, for the use of the Soldiers, on the penalty of being discharged from the service.

ART. LXVII. That the General, or Commander-in-Chief for the time being, shall have full power of pardoning or mitigating any of the punishments ordered to be inflicted for any of the offences mentioned in the foregoing Articles; and every offender, convicted as aforesaid, by any Regimental Court-Martial, may be pardoned, or have his punishment mitigated by the Colonel or Officer commanding the Regiment.

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