under his command to give it up to the enemy, or to abandon it, the commissioned officer, non-commissioned officers, or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as may be inflicted upon them by the sentence of a General Court-Martial.

Article 35. All officers and soldiers who shall wilfully, or through negligence, disobey any general or special orders, shall be punished at the discretion of a Regimental Court-Martial, where the offence is against a Regimental order; and at the discretion of a General Court-Martial, where the offence is against an order given from the Commander-in-Chief, or the commander of any detachment or post, and such General Court-Martial can be had.

Article 36. All sutlers, and retailers to a camp, and all persons whatsoever, serving with the said troops in the field, though not inlisled soldiers, are to be subject to these articles, rules and regulations.

Article 37. No General Court-Martial shall consist of a less number than thirteen, none of whom 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 on the Court-Martial shall administer the oath to the President.

Article 38. The members, both of General and Regimental Courts-Martial, shall, when belonging to different corps, take the same rank which 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.

Article 39. All the members of a Court-Martial are to behave with calmness, decency, and impartiality; and in giving of their votes, are to begin with the youngest or lowest in commission.

Article 40. No Field-Officer shall be tried by any person under the degree of a Captain; nor shall any proceedings or trials 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.

Article 41. 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 the inflicting corporal punishments 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.

Article 42. 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 the majority of voices; which sentence is to be confirmed by the commanding officer, not being a member of the Court-Martial.

Article 43. Every officer commanding in any fort, castle, barrack, or elsewhere, where the corps under his command consists of detachments from different regiments, or of independent companies, 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 commanding officer.

Article 44. 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 said Court-Martial.

Article 45. 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.

Article 46. 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.

Article 47. 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 said forces; 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.

Article 48. No officer commanding a guard, or provost-marshal, 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.

Article 49. Every officer, or provost-marshal, 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, 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.

Article 50. And if any officer under an arrest shall leave his confinement before he is set at liberty by the officer who confined him, or by a superior power, he shall be cashiered for it.

Article 51. 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.

Article 52. All officers, conductors, gunners, matrosses, drivers, or any other persons whatsoever, receiving pay or hire in the service of the Artillery of this Province, 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 Troops.

Article 53. 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 sufficient number 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.

Article 54. 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 to be punished at their discretion.

Article 55. 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.

Article 56. 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.

Article 57. All members sitting in Courts-Martial shall be sworn, or affirmed, by the President of said courts; which President shall himself be sworn, or affirmed, by the officer in said court next in rank. The oath, or affirmation, to be administered previous to their proceeding to the trial of any offender, in form following, viz: “You, A B, do swear, (or affirm,) 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 troops of this Province.”

Article 58. 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

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