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such Court-Martial. The oath, or affirmation, to be administered in the following form, viz: You swear, or affirm, the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth.
Article 59. 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, on penalty of his being cashiered and mulcted of his pay.
Article 60. 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 inferior 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 shall require it; of which occasion the Field-Officer present with, and commanding the regiment, or independent corps, is to be judge.
Article 61. At every muster, the commanding officer of each regiment, troop, or company, there present, shall give to the Mustermaster 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 names of such absentees; and the Surgeons, or their Mates, shall, at the same time, give to the Mustermaster a certificate, signed by them, signifying the state of health, or sickness, of those under their care; and the said certificates shall, together with the muster-rolls, be, by the said Mustermaster, transmitted to the Commander-in-Chief of said troops, and to this or any future Assembly, or, in their recess, to the Committee of Safety, at least once a month; on failure whereof, the Mustermaster so offending shall be discharged from the service.
Article 62. Every officer who shall be convicted before a General Court-Martial of having signed a false certificate relating to the absence of either officer, non-commissioned officer, or private soldier; and every Surgeon, or Mate, convicted of signing a false certificate relating to the health, or sickness of those under his care, shall be cashiered.
Article 63. 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 of such offence.
Article 64. 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.
Article 65. 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.
Article 66. Every officer who shall, knowingly, make a false return to the Commander-in-Chief of the said forces, or to any superior 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.
Article 67. 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 time of, their absence. Whoever shall be convicted of having, through neglect or design, omitted sending such returns, shall be punished, according to the nature of his crime, by the judgment of a General Court-Martial.
Article 68. No Sutler 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 suttling.
Article 69. 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.
Article 70. 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.
Article 71. That the Commander-in-Chief of said troops, 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 officer commanding the regiment.
Article 72. When any commissioned officer shall happen to die, or be killed in the service of this Province, the Major of the regiment, or the officer doing the Majors duty in his absence, shall immediately secure all his effects or equipage then in camp or quarters; and shall, before the next Regimental Court-Martial, make an inventory thereof, and forthwith transmit the same to the Clerk of the Assembly of this Province, to the end that his executors or administrators may, after payment of his debts in quarters, and interment, receive the overplus, if any be, to his or their use.
Article 73. When any non-commissioned officer or private soldier shall happen to die, or be killed in the service of this Province, the then commanding officer of the troop or company shall, in the presence of two other commissioned officers, take an account of whatever effects he dies possessed of, and transmit the same, as in the case above provided for, in order that the same may be secured for and paid to their respective representatives.
Article 74. All officers and soldiers, of every battalion, troop, or company, in the forces raised in this Province, when joined to and in service with the Continental Troops, shall be subject to the Rules and Articles made by the honourable Congress for the government of said troops.
Upon motion, Resolved, That every Officer in the Troops now raising for the service of this Province, shall, at the time he shall receive his Commission, before some Justice of the Peace, take an oath, or affirmation, in the following words, to wit:
I, A B, hereby subjecting myself to such rules and articles as are or shall be made or directed by the Assembly of Pennsylvania, for regulating and governing the troops ordered to be raised by them, do solemnly . . . . . that I will well and truly execute the office mentioned in my commission, according to the best of my ability; that I will faithfully obey the present and any Assembly of this Colony, and, in their recess, any Committee of Safety by them appointed for the time being, and, in pursuance of their direction and command, such officers as are or shall be placed in authority over me; that I will, to the utmost of my power, defend the rights and liberties of this Province, and of America in general, and will oppose and resist any force or enemies that shall act or be employed against them; and that I will disband and lay down my arms whenever I shall be ordered so to do by the Assembly of this Colony, or, in their recess, by such Committee of Safety. So help me God.
A Certificate whereof shall be endorsed on the Commissions of the said Officers, by the Magistrates administering the same.
Resolved, That every Officer already appointed, commissioned, and in the pay of this Province, shall, on or before the first day of May next, take the Oath or Affirmation aforesaid, a Certificate of which shall be endorsed and certified on the back of the Commission of such Officer