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mony placed at a greater distance, being fully determined never to make a voluntary sacrifice of their rights, not knowing how soon parliamentary and ministerial vengeance may be directed against them immediately, as it is now against the province of Massachusetts Bay, who are suffering in the common cause of British America, trusting in the justice of their cause, and the righteous providence of Almighty God, for the restoration of quiet and peace, or for suc. cess in the efforts for their defence, have thought it their duty to raise troops for the defence of this colony.

And whereas it is necessary that such troops, both officers and soldiers, should be made acquainted with their duty, and that articles, rules, and regulations, should be established to preserve order, good government, and discipline in the army, agreeable to the mild spirit of our constitution, and not according to the severities practised in standing armies.

Therefore, Be it enacted by the Governor, Council, and Representatives in General Court assembled, and by authority of the same

ARTICLE I. That all officers and soldiers not having just impediment, shall diligently frequent divine service and sermon in the places appointed for the assembling the regiment, troop or company, to which they belong, and such as wilfully absent themselves, or being present, behave indecently, or irreverently, shall, if commissioned officers, be brought before a regimental court-martial, there to be publicly and severely reprimanded by the president; if non.commis. sioned officers or soldiers, every person so offending shall, for his first offence, forfeit 1s. to be deducted out of his wages; for his second offence, he shall not only forfeit 1s. but be confined not exceeding twenty-four hours; and for every like offence shall suffer and pay in like manner; which money so forfeited shall be applied to the use of the sick soldiers of the troop or company to which the offender belongs.

ART. II. That whatsoever non-commissioned officer or soldier shall use any unlawful oath or execration, shall incur the penalties expressed in the first article; and if a commissioned officer be thus guilty of profane cursing or swearing, he shall forfeit and pay for each and every such offence, the sum of 4s. lawful money.

ART. III. That any officer or soldier who shall behave himself with contempt or disrespect towards the General or Commander-in-chief, or shall speak words tending to his or their hurt or dishonor, shall be punished according to the nature of his offence by the judgment of a general court martial.

ART. IV. That any officer or soldier who shall begin, excite, cause or join in any meeting or sedition in the regiment, troop, or company, to which he belongs, or in any other regiment, troop, or company of the forces of this colony, either by land or sea, or in any party, post, detachment, or guard, on any pretence whatsoever, shall suffer such punishment as by a general court martial shall be ordered.

ART. V. That any officer, non-commissioned officer, or soldier, who being present at any meeting or sedition, does not use his utmost endeavors to sup. press the same; or coming to the knowledge of any meeting or intended meeting does not without delay, give information thereof to the commanding officers, shall be punished by order of a general court martial, according to the nature of his offence.

ART. VI. That any officer or soldier who shall strike his superior officer, or

draw or offer to draw, or shall lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior officer, shall suffer such punishment as shall, according to the nature of his offence be ordered by the sentence of a general court martial.

ART. VII. That any non-commissioned officer or soldier who shall desert, or without leave of his commanding officer, absent himself from the troop or company to which he belongs, or from any detachment of the same, shall, upon being convicted thereof, be punished according to the nature of his offence, at the discretion of a general court martial.

ART. VIII. That whatsoever officer or soldier shall be convicted of having advised or persuaded any other officer or soldier to desert, shall suffer such pun. ishment as shall be ordered by the sentence of a general court martial.

ART. IX. That all officers of what condition soever shall have power to part and quell all quarrels, frays, and disorders, though the persons concerned should belong to another regiment, troop, or company; and either order officers to be arrested, or non-commissioned officers or soldiers to be confined and imprisoned 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 upon him, shall be punished at the discretion of a general court martial.

ART. X. That no officer or soldier shall use any reproachful or provoking speeches or gestures to another; nor shall any officer or soldier presume to send a challenge to any person to fight a duel, or second, promote, or carry any challenge, shall be deemed a principal therein; and whatsoever officer or soldier shall upbraid another for refusing a challenge, shall also be considered as a challenger; and all such offenders in any of these or such like cases, shall bo punished at the discretion of a general court martial.

ART. XI. That every officer commanding in quarters, or on a march, shall keep good order, and to the utmost of his power, redress all such abuses or disorders which may be committed by any officer or soldier under his command; if upon any complaint made to him, of officers or soldiers beating or otherwise ill treating any person, or of committing any kind of riot to the disquieting of the inhabitants of this continent, he the said commander who shall refuse or omit to see justice done on the offender or offenders, and reparation made to the party or parties injured, as far as the offender's wages shall enable him or them-shall upon due proof thereof be punished as ordered by a general court martial, in such manner as if he himself had committed the crimes or disorders complained of.

ART. XII. That if any officer should think himself to be wronged by his colonel or the commanding officer of the regiment, and shall upon due application made to him be refused to be redressed, he may complain to the general or commander-in-chief of the forces of this colony, in order to obtain justice; who is hereby required to examine into said complaint, and see that justice be done. ART. XIII. That if any inferior officer or soldier shall think himself wronged by his captain, or other officer commanding the troop or company to which ho belongs, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court martial for the doing justice to the complainant; from which regimental court martial either party

may, if he thinks himself still aggrieved, appeal to a general court martial; but if, upon a second hearing, the appeal shall appear to be vexatious and ground. less, the person so appealing shall be punished at the discretion of the general court martial.

ART. XIV. That whatsoever non.commissioned officer or soldier shall be convicted at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammunition, arms, or provision, or other military stores, delivered out to him to be employed in the service of this colony, shall, if an officer, be reduced to a private sentinel, and if a private soldier, shall suffer such punishment as shall be ordered by a regimental court martial.

ART. XV. That all non.commissioned officers and soldiers who shall be found one mile from the camp, without leave in writing from their commanding officer, shall suffer such punishment as shall be inflicted on him or them by the sentence of a regimental court martial.

ART. XVI. That no officer or soldier shall lie out of his quarters or camp without leave from their, commanding officers of the regiment, upon penalty of being punished according to the nature of his offence, by order of a regimental court martial.

ART. XVII. That every non-commissioned officer and soldier shall retire to his quarters or tent at the beating of the retreat, in default of which he shall be punished according to the nature of his offence, by order of the commanding officer.

ART. XVIII. That no officer, non.commissioned officer or soldier, shall fail of repairing, at the time fixed, to the place of parade or exercise, or other rendezvous appointed by the commanding officer, if not prevented by sickness or some other evident necessity; or shall go from the said place of rendezvous or from his guard without leave from his commanding officer, before he shall be regularly dismissed or relieved, on penalty of being punished according to the nature of his offence, by the sentence of a regimental court martial.

ART. XIX. That whatsoever commissioned officer shall be found drunk on his guard party or other duty, under arms, shall be cashiered for it; any noncommissioned officer or soldier so ofending, shall suffer such punishment as shall be ordered by the sentence of a regimental court martial.

ART. XX. That whatsoever sentinel shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, shall suffer such punishment as shall be ordered by the sentence of a general court martial.

ART. XXI. That any person belonging to the troops of this colony, who by discharging of fire arms, beating of drums, or by any other means whatsoever, shall occasion false alarms in camp or quarters, shall suffer such punishment as shall be ordered by the sentence of a general court martial.

ART. XXII. That any officer or soldier who shall, without urgent necessity, or without leave of his superior officer, quit his platoon or division, shail be punished according to the nature of his offence, by the sentence of a regimental court martial.

ART. XXIII. That no officer or soldier shall do violence, or offer any insult or abuse to any person who shall bring provisions or other necessaries to the camp or quarters of the army; any officer or soldier so offending, shall, upon complaint being made to the commanding officer, suffer such punishment as shall be ordered by a regimental court martial.

ART. XXIV. That whatsoever officer or soldier shall shamefully abandon any post committed to his charge, or shall speak words inducing others to do the like in time of an engagement, shall suffer death immediately.

ART. XXV. That any person belonging to the forces raised, or that may be raised for the defence of the colony, who shall make known the watch-word to any person who is not entitled to receive it according to the rules and discipline of war; or shall presume to give a parole or watch. word different from what he received it, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court martial.

ART. XXVI. That whosoever belonging to the forces raised, or that may be raised for the defence of this colony, shall relieve the enemy with money, victuals, or ammunition; or shall knowingly harbor or protect an enemy, shall suffer such punishment as by a general court martial shall be ordered.

ART. XXVII. That whosoever belonging to the forces already raised, or that may be raised for the defence of this colony, shall be convicted of holding correspondence with, or of giving intelligence to the enemy, either directly gr indirectly, shall suffer such punishment as by a general court martial shall be ordered.

ART. XXVIII. That all public stores taken in the enemy's camp, or maga. zines, whether of artillery, ammunition, clothing or provisions, shall be secured for the use of this colony.

ART. XXIX. That if any officer or soldier shall leave his post or colors in time of an engagement to go in search of plunder, he shall, upon being convicted thereof, before a general court martial, suffer such punishment as by said court martial shall be ordered.

ART. XXX. That if any commander of any post, intrenchment or fortress, shall be compelled by the officers or soldiers 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.

ART XXXI. That all sutlers and retailers to a camp, and all persons what. soever serving with the forces already raised, or that may bo raised for the defence of this colony, in the field, though not enlisted soldiers, are to be sub. jected to the same articles, rules, and regulations to which the officers and soldiers are or shall be subjected.

ART. XXXII. That no general court martial shall consist of a less number than thirteen, none of which shall be under the degree of a commissioned 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.

ART. XXXIII. That 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.

ART. XXXIV. That 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 lowest.

ART. XXXV. That 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.

ART XXXVI. That the commissioned officers of every regiment may, by the appointment of their colonel or commanding officer, hold regimental courts martial for the enquiry 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.

ART. XXXVII. That no regimental court martial shall consist of less than fige officers, except in cases where that number cannot be conveniently assem bled, when three may be sufficient, who are likewise to determine upon the sentence, by a majority of voices; which sentence is to be confirmed by the com. manding officer, not being a member of the court martial.

ART. XXXVIII. That every officer commanding in any fort, castle, or 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 said commanding officer.

ART. XXXIX. That 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 said court martial.

ART. XL. That 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. XLI. That 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. XLII. That no officer commanding a guard, or provost marshal, shall refuse to receive or keep any person committed to his charge by an officer belonging to the forces aforesaid; 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.

ART. XLIII. That 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 by the sentence of a general court martial.

ART. XLIV. That every officer, or a 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

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