he shall be-relieved from his guard, to give, in writing, to the Colonel, or commanding officer of the prisoner, his name and crime, and the name of the officer who committed him, on the penalty of being punished for his neglect as may be adjudged.

38. Whatsoever commissioned officer shall leave his confinement before he is set at liberty by the officer who confined him, or by a superior power, shall be cashiered for it.

39. Whatsoever commissioned officer shall behave in a scandalous, infamous manner, such as is unbecoming the character of an officer and gentleman, shall be discharged from the service.

40. The officer commanding the said battalion, and every officer commanding a company not of the said battalion, shall, upon notice given to him by the Commissary of Musters, assemble the battalion or company, under his command, in the next convenient place for their being mustered, which shall be done of the said battalion once in six weeks at least, and of the said other forces once in ten weeks at least.

41. Every Field-Officer, or other officer, commanding any corps, and actually residing with it, may give furloughs to officers and soldiers of his corps, as he shall judge to be most consistent with the good of the service; but no officer or soldier shall be absent above twenty days in six months; nor shall more than one officer and two private men be absent at the same time from any one company, excepting some extraordinary occasion shall require it.

42. At every muster, the commanding officer of the said battalion then present, or the captain or commanding officer of the said companies, not of the battalion then present, hall give to the Commissary of Musters certificates of the musters 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-rolls, opposite to the respective names of such absentees; and the said certificate, together with the muster-roll, shall be, by the said Commissary, transmitted to the Council of Safety within twenty days next after such muster being taken, on failure whereof, the Commissary so offending shall be discharged from the service.

43. Every officer, who shall sign a false certificate relating to the absence of officers, or non-commissioned officers, or private soldiers, shall be cashiered.

44. Every officer who shall knowingly make a false muster of any man, and any officer or Commissary, who shall sign, allow or return the muster-rolls wherein such false muster is contained, knowing the falsity thereof, shall be cashiered, and forfeit all such pay as may be due to him at the time of his conviction of such offence.

45. Any Commissary, who shall take any gift or gratuity, on the false mustering of the said battalion, or any company, or for signing any muster-roll, shall be displaced, and forfeit his pay, as in the preceding article.

46. Any officer, who shall presume to muster any person as a soldier, who at other times is accustomed to wear a livery, or who does not actually do his duty as a soldier, hall be deemed guilty of having made a false muster, and suffer accordingly.

47. The commanding officer of every corps, or of any garrison in the service aforesaid, or at any station of any of the said forces shall, in the beginning of every month, transmit to the Council of Safety an exact return of the state of the troops under his command, specifying the names of the officers not then residing at their posts, and the reason for, and time of, their absence. And whoever shall, through neglect or design, omit sending such returns, shall be punished as may be adjudged.

48. No person shall be allowed to suttle at any camp or station, or to any party or detachment of the said forces, before he shall have obtained a license from the commanding officer thereof, and shall also have subscribed these Rules.

49. No sutler shall be permitted to sell any kind of liquor, or victual, or to keep his house or shop open, for the entertainment of soldiers, after nine o'clock at night, or before beating the reveilles, or upon Sundays, between the hours of ten and one o'clock, on penalty of being dismissed, from all future suttling.

50. No officer commanding in any camp, garrison, fort, or station, shall lay any duty or imposition upon, or be interested in the sale of any victuals, liquors, or other necessaries of life, or merchandise which are brought or offered for sale for the use of the soldiers, nor shall receive or have any gratuity or reward for any license to any sutler, on penalty of being discharged from the service.

51. Any commissioned officer who shall be guilty of any fraud or embezzlement, shall forfeit all his pay due at the time of his conviction, make restitution, and be discharged from the service.

52. Any non-commissioned officer or soldier, who shall embezzle or destroy ammunition, provisions, tools, or any other thing belonging to the publick stores, shall be punished as may be adjudged.

53. Any officer or soldier, who shall wilfully, or through negligence, disobey any general or special orders, shall be punished as may be adjudged.

54. That no General Court-Martial shall consist of a less number than thirteen, none of whom shall be of a less degree than a commissioned officer, and the President shall be a Field-Officer; which General Court-Martial shall be appointed, when and as often as occasion shall require, by the Council of Safety, or the Colonel or commanding officer of the said battalion; and the President shall administer an oath to the other members of the same Court, and the member next in rank to the President shall administer an oath to him, before the said Court shall proceed to determine or hear any case, in the words following, to wit: "You, A. B., do 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 and governing the forces in the service of this Province. So help you God." Provided, That when any person is to be tried for his life, the Council of Safety shall appoint twenty-four members at least, two of which to be Field-Officers, and ten at least to be Captains, out of a list of whom the offender may strike all above the number of fifteen, leaving at least one Field-Officer and five Captains; and sentence of death shall not be pronounced, unless twelve of the Court-Martial concur in such sentence.

55. That no Inferior Court-Martial shall consist of a less number than five commissioned officers, unless in such cases where that number cannot be conveniently assembled, when three shall be sufficient; but no person on or against whom the offence is alleged to have been committed, shall be a member of any Court-Martial for the trial thereof; and in such cases where three, for that reason, cannot be had of the same corps, garrison, party, or station, of the offender, then with those who are competent of that corps, garrison, party, or station, and the next most convenient thereto; such Inferior Court-Martial shall be constituted of five members at least.

56. That all Inferior Court-Martials shall be appointed by the Colonel or commanding officer of the battalion, corps, garrison, party, or station, to which the offender belongs, and the members thereof shall take the same oath, to be administered in like manner as the members of a General Court-Martial,

57. That every Court-Martial administer an oath to every witness produced before them in the following words, to wit: "You do swear, that the evidence you shall give in the case in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God."

58. That the members of every Court-Martial shall take the same rank as they hold in the Army, and shall behave themselves with calmness, decency, and moderation, and, in giving in their votes, shall begin with the lowest in commission; and the sentence of the Court shall be given according to the majority of votes, except in capital cases, as before mentioned.

59. That in all trials of Field-Officers, two-thirds of the number that constitute the Court-Martial shall be of the degree of a Captain at least.

60. That no person shall suffer death under any article, unless the pain of death is expressly annexed by such article to his crime, nor shall any person be punished for any crime or offence, except for shamefully abandoning his post in an engagement, until he shall be convicted thereof by a General or Inferior Court-Martial.

61. That no Inferior Court-Martial shall be competent