Table of Contents List of Archives Top of Page
Previous   Next

ART. XIV. If any Officer or Soldier shall think himself wronged by his Captain, or other Officer commanding the Company to which he belongs, he is to complain thereof to the Commanding Officer of the Regiment, who is hereby required to summon a Regimental Court-Martial for the doing justice to the complainant, from which Regimental Court-Martial either party may, if he thinks himself still aggrieved, appeal to a General Court-Martial; but if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so appealing shall be punished at the discretion of a General Court-Martial.

ART. XV. Whatsoever Non-Commissioned Officer or Soldier shall be convicted at a Regimental Court-Martial of having sold, or designedly or through neglect wasted the Ammunition, Arms, or Provisions, or other Military Stores delivered out to him, to be employed in the service of this Colony, shall, if an Officer, be reduced to a private Sentinel; and if a private Soldier, shall suffer such punishment as shall be ordered by a Regimental Court-Martial.

ART. XVI. All Non-Commissioned Officers and Soldiers who shall be found one mile from the Camp, without leave in writing from the Commanding Officer, shall suffer such punishment as shall be inflicted on him or them by the sentence of a General Court-Martial.

ART. XVII. No Officer or Soldier shall be out of his Quarters or Camp without leave from the Commanding Officer of the Regiment, upon penalty of being punished, according to the nature of his offence, by a Regimental Court-Martial.

ART. XVIII. Every Non-Commissioned Officer and Soldier shall repair to his Quarters, or Tent, at the beating of the Retreat; in default of which, he shall be punished, according to the nature of his offence, by order of a Regimental Court-Martial.

ART. XIX. No Officer, Non-Commissioned Officer, or Soldier, shall fail of repairing, at the time fixed, to the place of parade or exercise, or other rendezvous appointed by the Commanding Officer, if not prevented by sickness, or some other necessity; or shall go from the said place of rendezvous, or from his guard, without leave from his Commanding Officer, before he shall be regularly dismissed or relieved, on penalty of being punished, according to the nature of his offence, by the sentence of a Regimental Court-Martial.

ART. XX. Whatsoever Commissioned Officer shall be found drunk on his guard, party, or other duty, under Arms, shall be cashiered for it. Any Non-Commissioned Officer or Soldier, so offending, shall suffer such punishment as shall be ordered by the sentence of a Regimental Court-Martial.

ART. XXI. Whatsoever Sentinel shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, shall suffer such punishment as shall be ordered by the sentence of a General Court-Martial.

ART. XXII. Any person belonging to the Provincial Army who, by discharging of Fire-Arms, beating of Drums, or by any other means whatsoever, shall occasion false alarms in Camp or Quarters, shall suffer such punishment as shall be ordered by the sentence of a General Court-Martial.

ART. XXIII. Any Officer or Soldier who shall, without urgent necessity, or without leave of his superiour Officer, quit his platoon or division, shall be punished, according to the nature of his offence, by the sentence of a Regimental Court-Martial.

ART. XXIV. No Officer or Soldier shall do violence or offer any insult or abuse to any person who shall bring Provisions or other necessaries to the Camp or Quarters of the Provincial Army. Any Officer or Soldier, so offending, shall suffer such punishment as shall be ordered by a Regimental Court-Martial.

ART. XXV. Whatsoever Officer or Soldier shall shamefully abandon any post committed to his charge, or shall induce others so to do, in the time of an engagement, shall suffer death immediately.

ART. XXVI. Any person belonging to the Provincial Army who shall make known the watch-word to any person who is not entitled to receive it, according to the rules and discipline of war, or shall presume to give a parole or watch-word different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a General Court-Martial.

ART. XXVII. Whosoever belonging to the Provincial Army shall relieve the enemy with Money, Victuals, or Ammunition, or shall knowingly harbour or protect an enemy, shall suffer such punishment as shall by a General Court-Martial be ordered.

ART. XXVIII. Whosoever belonging to the Provincial Army shall be convicted of holding correspondence with, or of giving intelligence to the enemy, either directly or indirectly, shall suffer death, or such other punishment as by a General Court-Martial shall be ordered.

ART. XXIX. All Publick Stores taken in the enemy’s Camp or Magazine, whether of Artillery, Ammunition, Clothing, or Provisions, shall be secured for the use of the Colony of Virginia.

ART. XXX. If any Officer or Soldier shall leave his post or colours, at the time of an engagement, to go in search of plunder, he shall, upon being convicted thereof before a General Court-Martial, suffer such punishment as by the said Court-Martial shall be ordered.

ART. XXXI. If any Commander of any Post, Intrenchment, or Fortress, shall be compelled, by the Officers or Soldiers under his command, to give it up to the enemy, or to abandon it, the Commissioned Officer, or Non-Commissioned Officer, or Soldier, who shall be convicted of having so offended, shall suffer death, or such other punishment as may be inflicted on them by the sentence of a General Court-Martial.

ART. XXXII. All Sutlers and Retainers to a Camp, and all persons whatsoever serving with the Provincial Army in the field, though not enlisted as Soldiers, are to be subject to the Articles, Rules, and Regulations, of the Provincial Army.

ART. XXXIII. No General Court-Martial shall consist of a less number than thirteen, none of which shall be under the degree of a Commissioned Officer, and the President shall be a Field-Officer. And the President of each and every Court-Martial, whether General or Regimental, shall have power to administer an Oath to every witness, in order to the trial of offenders; and the Members of all Courts-Martial shall be duly sworn by the President, and the next in rank to the Court-Martial shall administer the Oath to the President. Provided, that when any person is to be tried for his life, under any of the foregoing or subsequent Articles, the Commanding Officer shall appoint twenty-four Members, at least, to be of the Court-Martial, two of which shall be Field-Officers, and ten shall be Captains, out of which the offender may choose fifteen, one of whom shall be a Field-Officer, and five of them Captains, and sentence of death shall not be pronounced unless twelve of the Court-Martial concur in such sentence.

ART. XXXIV. The Members, both of General and Regimental Courts-Martial, shall, when belonging to the different Corps, take the same rank that they hold in the Army; but, when Courts-Martial shall be composed of Officers of one Corps, they shall take their ranks according to their commissions by which they are mustered in the said Corps.

ART. XXXV. All the Members of a Court-Martial are to behave with calmness, decency, moderation, and impartiality; and, in giving their votes, are to begin with the youngest or lowest in commission.

ART. XXXVI. No Field-Officer shall be tried by any person under the degree of a Captain; nor shall any proceedings or trial be carried on, excepting between the hours of eight in the morning and three in the afternoon, except in cases which require an immediate example.

ART. XXXVII. The Commissioned Officers of every Regiment may, by the appointment of their Colonel or Commanding Officer, hold Regimental Courts-Martial for the inquiring into such disputes or criminal matters as may come before them, and for inflicting corporal punishment for small offences, and shall give judgment by the majority of voices; but no sentence shall be executed till the Commanding Officer (not being a Member of the Court-Martial) shall have confirmed the same.

ART. XXXVIII. No Regimental Court-Martial shall consist of less than five Officers, excepting in cases where that number cannot be conveniently assembled, when three may be sufficient, who are likewise to determine upon the sentence by a majority of voices, which sentence is to be confirmed by the Commanding Officer, not being a Member of the Court-Martial.

Table of Contents List of Archives Top of Page
Previous   Next