ART. XXXIX. Every Officer commanding in any Fort, Castle, or Barrack, or elsewhere, where the Corps under his command consists of detachments from different Regiments, and any other Forces that may compose the Corps, may assemble 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. XL. No person whatsoever shall use menacing words, signs, or gestures, in the presence of a Court-Martial when 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 said Court-Martial.

ART. XLI. 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. XLII. 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. XLIII. No Officer commanding a Guard, or Provost-Martial, shall refuse to receive or keep any prisoner committed to his charge by an Officer belonging to the Provincial Forces; which Officer shall, at the same time, deliver an accusation, signed by himself, of the crime with which the said prisoner is charged.

ART. XLIV. 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. XLV. Every Officer or 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 neglect of duty, in his own Corps, of to the Commander-in-Chief, their names, their crimes, and the name of the Officer who committed them, on the penalty of being punished, for his disobedience or neglect, at the discretion of the General Court-Martial.

ART. XLVI. Whatsoever Commissioned Officer shall leave his confinement before he is set at liberty by the Officer who confined him, or by a superiour power, shall be cashiered for it.

ART. XLVII. 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. XLVIII. All Officers, Conductors, Gunners, Matrosses, Drivers, or any other persons whatsoever, receiving pay or hire in the service of the Provincial 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 Provincial Forces.

ART. XLIX. For differences arising among themselves, or in matters relating solely to their own Corps, 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 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 person shall be sentenced by the 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 the 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 the said Court, which President shall himself be sworn by the Officer in the said Court next in rank: the Oath to be administered previous to their proceeding to the trial of every 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 Provincial 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 shall 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 or Company shall, upon notice given to him by the Commissary of Musters, or from one of his Deputies, assemble the Regiment 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 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 Company, excepting some extraordinary occasion shall 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 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 reason, and the time of absence, shall be inserted in the Muster-Roils, opposite to the respective names of such absentees; the said certificate, together with the Muster-Roll, to be, by the said Commissary, transmitted to the Commanding Officer of the Provincial Forces, and by him to the Committee of Safety appointed by this Convention, 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 or Non-Commissioned Officers, or private Soldiers, 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 or Company, on the signing the Muster-Rolls, shall be displaced from his office, and forfeit and pay as in the preceding Article.