Officer (not superannuated or disa or forfeiting Commission, dered as Private, and do to be consi No. 485. 33d GEO. III. XLIII. And be it enacted and ordained by the Authority aforesaid, That if any Officer,-not being superannuated, within the bled resigning Limitations of this Act; or not being disabled or rendered unfit for Service by Wounds, Sickness, or bodily Infirmity,-shall resign his Commission; or if any Officer shall, by the Sentence of a General Court Martial, be cashiered, or be otherwise deprived of his Commission; every such resigning, or cashiered Officer shall, from his Resignation or Deprivation of his Commission, be deemed and considered as a Private-man, of, and belonging to that Regiment or Corps of Militia, within the Verge of which he shall then reside; and shall do Duty therein; and for Neglect thereof shall be liable to, and suffer the same Fines and Penalties as other Private-men. Duty as such. No. 131. TIMES when MARTIAL Law shall be in force; XLIV. And whereas an Act of this Island, intituled, An Act declaring the several Articles Martial Law shall consist of, dated the twenty-eighth Day of June, in the Year of our Lord one thousand seven hundred and two, hath been, from the Insufficiency thereof and other good Causes, repealed: And whereas it is indispensably necessary, that there should be a Martial Law within this Island, to be enforced or suspended, from time to time, as Occasion or Exigencies may require, and that there should be Rules and Articles of War for the better Government of our Militia at those Times; be it therefore, and it is hereby enacted and ordained by the Authority aforesaid, That, upon all general Alarms by Day and Night, and whenever the Captain-General or other Commander-in-Chief of this Island, by and with the Advice and Consent of the Council and Assembly thereof, shall think it necessary, for the public Benefit, Martial Law, as herein-after fixed and appointed, shall be in full force over all the Inhabitants of this Island, and the Islands adjacent and thereto belonging: AND that each Corps of Militia shall be subject to Martial Law on their respective Field-days, from nine O'Clock in the Morning until twelve of the Clock at Noon, if they shall so long remain in the Field: AND that whenever any of the said over Corps or Corps, or Guards, or Detachments therefrom, are to do Military Duty, by virtue of any Law that now is, or may hereafter be in force; at such Times, all Persons whatsoever, legally summoned to do Military Duty, and being thereon, shall be liable and subject to Martial Law as aforesaid. [See No. 575.] over Inhabi tants, gene. rally : over each MiField-days: litia Corps, on Detachments on Duty. XLV. And for the better Government of the Militia of this Island, be it enacted and ordained by the Authority aforesaid, That at all 33d GEO. III. No. 485. A.D. 1793. ARTICLES OF Times when Martial Law shall be in force as aforesaid, the RULES RULES AND AND ARTICLES herein-after following, shall be duly observed and WAR. put in Execution, in manner herein-after mentioned. I. tend DIVINE Absence or ir All Officers and Private-men of the Militia, not having just Im- Officers and pediment, shall diligently frequent Divine Service and Sermons in Privates to atthe Churches nearest their respective Habitations: SUCH as wilfully SERVICE. absent themselves, or, being present, behave indecently or irre- Penalty for verently, shall, if Commissioned-officers, be brought before a General reverent Be Court Martial, there to be publicly and severely reprimanded by the haviour. President; if Non-commissioned-officers or Private-men, every Person so offending shall be brought before a Regimental Court Martial, and, being thereof convicted, shall, for the first Offence, forfeit eight Shillings and three Pence; for the second Offence, he shall forfeit sixteen Shillings and six Pence; and for every Offence, he shall pay in like manner. II. Whatsoever Officer or Private-man shall use any unlawful Oath or Penalty for Execration, shall incur the Penalty expressed in the first Article. III. Cursing and Penalty for speaking against Article Whatsoever Officer or Private-man shall presume to speak against any known Article of the Christian Faith, shall be put under Confinement; and, at the Ceasing of Martial Law, shall be, by the Com- of the CHRISmanding-officer of his Corps, delivered over to a Civil Magistrate, to be proceeded against according to Law. IV. TIAN Faith. profaning Whatsoever Officer or Private-man shall profane any Place dedi- Penalty for cated to Divine Worship, or shall offer Violence to a Chaplain of any Churches, or of the Corps of Militia, or to any other Minister of God's Word, he Vicence to shall be liable to such Punishment as shall be inflicted on him by a Ministers. Court Martial. [By a General Court Martial; No. 511, S. 10.] V. Chaplains or Chaplain for Whatsoever Chaplain to any of the Corps of Militia, shall be Penalty on guilty of Drunkenness, or of other scandalous or vicious Behaviour, Dunkenness, derogating from the sacred Character with which he is invested, or Misbeha shall, upon due Proof before a General Court Martial, be discharged from his said Office. viour. 33d GEO. III. Penalty for SPEAKING traiterously, fully, of the Whatsoever Officer or Private-man, shall presume to use traiterous or disrespectful Words against the Sacred Person of His Majesty, or any of the Royal Family; if a Commissioned-officer, on being King or Royal convicted thereof before a General Court Martial, he shall be Family. cashiered; if a Non-commissioned-officer or Private-man, he shall be liable to such Punishment, as shall be inflicted on him, by the Sentence of a Regimental Court Martial. Penalty for traiterous or rebellious ACTS: VII. Whatsoever Officer or Private-man shall engage or join in, or shall entice or persuade any Person to engage to join in any traiterous or rebellious Act against the Government, shall, on being convicted thereof before a General Court Martial, suffer Death for it: AND and for not re- whosoever shall not reveal to his superior Officer such a Conspiracy, as soon as ever it shall come to his Knowledge, shall be judged equally guilty with the Contrivers of such Design; and, being thereof, in like Manner, convicted, shall suffer the same Punish vealing them. Penalty for Disrespect to mander-in ment. VIII. Any Officer or Private-man, who shall behave himself with ConCaptain-Ge- tempt or Disrespect towards the Captain-General, or other Comneral, or Commander-in-Chief, of this Island, or shall speak Words tending to his Hurt or Dishonour, shall be punished according to the Nature of his Offence, by Judgment of a Court Martial. [Of a General Court Martial, if Officer; Regimental, if Private; No. 511, S. 10.] Chief. Penalty for Mutiny or Sedition. IX. Any Officer or Private-man, who shall begin, excite, cause, or join-in, any Mutiny or Sedition in the Troop, Company, or Regiment to which he belongs, or in any other Troop or Company, either in His Majesty's Regular Troops, or in the Militia, or in any Post, Party, Detachment or Guard, on any Pretence whatsoever,shall suffer Death, or such other Punishment as by a General Court Martial shall be inflicted. X. Penalty for not Any Officer or Private-man, who, being present at any Mutiny or suppressing or for concealing Sedition, does not use his utmost Endeavours to suppress the same; Mutiny or Sedition. or, coming to the Knowledge of any Mutiny or intended Mutiny, does not, without Delay, give Information thereof to his Command 33d GEO. III. . No. 485. A. D. 1793. ing-officer; shall, by the Sentence of a General Court Martial, be punished with Death or otherwise, according to the Nature of the Offence. XI. striking or superior Of. Any Officer or Private-man, who shall strike his superior Penalty for Officer, or draw, or offer to draw, or shall lift any Weapon, or drawing Weaoffer any Violence against him, being in the Execution of his Office, pon against on any Pretence whatsoever; or shall disobey any lawful Command ficer; or disof his superior Officer; shall suffer Death, or such other Punish- obeying Or ment, as shall, according to the Nature of his Offence, be inflicted upon him, by the Sentence of a General Court Martial. XII. ders. false Return. Every Officer, who shall knowingly make a false Return to the Penalty on Commander-in-Chief, or to any superior Officer authorized to call Officer for for such Return,-of the State of the Regiment, Troop, or Company, to which the Officer making such Return shall belong, or of Arms, Ammunition, Cloathing, or other Stores thereto belonging, shall, by a General Court Martial, be cashiered. XIII. Every Officer, Surgeon, or other Person, who shall be convicted before a Court Martial [General Court Martial] of having signed a false Certificate, relating to the Absence of either Officer or Privateman, shall, if a Commissioned-officer, be cashiered; and if any other Person, he shall pay such Fine, or suffer such Imprisonment, as by the Court shall be ordered. [By No. 511, S. 10. Offences against this Article to be tried by a General Court Martial.] XIV. Non-commis senting with Any Non-commissioned Officer or Private-man, who shall, with- Penalty for out Leave from his Commanding-officer, absent himself from his sioned Officer Troop or Company, or from any Detachment with which he shall or Private abbe commanded, shall, upon being convicted thereof, be punished out Leave. according to the Nature of his Offence, at the Discretion of a Regimental Court Martial. XV. All Officers and Private-men, who shall be convicted of deserting, Penalty for deserting to or attempting to desert to an Enemy, shall suffer Death, or such the Enemy. other Punishment as by a General Court Martial shall be inflicted. 33d GEO. III. Penalty for advising Desertion. Penalty for Penalty for sending Chal lenge. Penalty on ing Person to go out to fight Duel. Whatsoever Officer or Private-man shall be convicted of having advised or persuaded any other Officer or Private-man to desert to an Enemy, shall suffer such Punishment as shall be inflicted upon him by the Sentence of a General Court Martial. XVII. No Officer or Private-man shall use any reproachful or provoking Speeches or Gestures to another, upon Pain, if an Officer, of being put in Arrest; if a Private-man, imprisoned, and of asking Pardon of the Party offended in the Presence of his Commanding-officer. [By No. 511, S. 12. explaining this Article, Officer insulting another by Speech or Action to be put in Arrest; Private, imprisoned; each to ask Pardon before Commanding-officer, privately, or at the Head of the Regiment, as a General Court Martial shall order. See in No. 511, S. 13. the Punishment for CONTUMACY.] XVIII. No Officer or Private-man shall presume to send a Challenge, to any other Officer or Private-man, to fight a Duel; upon Pain, if a Commissioned-officer, of being cashiered; if a Non-commissionedofficer or Private-man, of being punished at the Discretion of a Court Martial. [Of a General Court Martial, No. 511, S. 10.] XIX. If any Commissioned or Non-commissioned-officer commanding Guard suffer a Guard, shall knowingly and willingly suffer any Person whatsoever to go-forth to fight a Duel, he shall be punished as a Challenger: And likewise all Seconds, Promoters, and Carriers of Challenges Seconds and in order to Duels, shall be deemed as Principals, and be punished accordingly. Promoters to be deemed Principals. Officers to part Actors in ever Rank. XX. All Officers, of what Condition soever, have Power to part and Frays of what quell all Quarrels, Frays, and Disorders, though the Persons concerned should belong to another Regiment, Troop, or Company, and either to order Officers into Arrest, or Non-commissionedofficers or Private-men to Confinement, till their proper superior Officers shall be acquainted therewith; and whoever shall refuse to obey such Officer, (though of an inferior Rank,) or shall draw his Sword, or any other Weapon, upon him, shall be punished at the Discretion of a General Court Martial. Penalty for |