offender may choose fifteen, one of whom shall be a field-officer, and five of them captains, and sentence of death shall not be pronounced unless twelve of the courtmartial concur in such sentence.

Article XXXIV. The members, both of general and regimental courts-martial, shall, when belonging to the different corps, take the same rank that 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 XXXV. All the members of a court-martial are to behave with calmness, decency, moderation, and impartiality; and, in giving their votes, are to begin with the youngest or lowest in commission.

Article XXXVI. No field-officer shall be tried by any person under the degree of a captain; nor shall any proceedings or trial 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 XXXVII. 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 inflicting corporal punishment 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 XXXVIII. 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 a majority of voices, which sentence is to be confirmed by the commanding-officer, not being a member of the court-martial.

Article XXXIX. Every officer commanding in any fort, castle, or barrack, or elsewhere, where the corps under his command consists of detachments from different regiments, and any other forces that may compose the corps, 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.

Article XL. No person whatsoever shall use menacing words, signs, or gestures, in the presence of a courtmartial, when 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 courtmartial.

Article XLI. 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 XLII. 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 XLIII. No officer commanding a guard, or provost-martial, shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the provincial forces; which officer shall, at the same time, deliver an accusation, signed by himself, of the crime with which the said prisoner is charged.

Article XLIV. No officer commanding a guard, or provost-martial, 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 XLV. Every officer or provost-martial 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 neglect of duty, in his own corps, or to the commander in chief, their names, their crimes, and the name of the officer who committed them, on the penalty of being punished for his disobedience or neglect at the discretion of a general court-martial.

Article XLVI. 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.

Article XLVII. 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 XLVIII. All officers, conductors, gunners, matrosses, drivers, or any other persons whatsoever, receiving pay or hire in the service of the provincial artillery, 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 forces.

Article XLIX. For differences arising among themselves, or in matters relating solely to their own corps, courts-martial may be composed of their own officers; but where a number sufficient of such officers cannot be assembled, or in matters wherein other corps are interested, the officers of artillery shall sit in courtsmartial with the officers of the corps.

Article L. 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 be punished at their discretion.

Article LI. That no person shall be sentenced by the 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 courtmartial, other than degrading, cashiering, drumming out of the army; whipping, not exceeding thirty-nine lashes; fine, not exceeding two months pay of the of fender; imprisonment, not exceeding one month.

Article LII. 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 LIII. All members sitting in courts-martial shall be sworn by the president of the said court, which president shall himself be sworn by the officer in the said

court next in rank; the oath to be administered previous to their proceeding to the trial of every offender, in form following, viz.

You, A. B. 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 the provincial army.

So help you God.

Article LIV. 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 such court-martial; the oath to be adminstered in the following forms, viz:

You shall swear the evidence you shall give, in the case now in hearing, shall be the truth, the whole truti, and nothing but the truth.

So help you God. Article LV. Every officer commanding a regiment, or company, shall, upon notice given to him by the commissary of the musters, or from one of his deputics, assemble the regiment, or company, under his conmaud, in the next convenient place for their being mustered.

Article LVI. Every colonel or other field-officer, or officer commanding any corps to which there is no fied 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 compa~ ny (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 coupany 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 LVII. At every muster the commanding offcer of each regiment or company then present shall give to the commissary of musters 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 reason, and the time of absence, shall be inserted in the muster rolls, opposite to the re

spective names of such absentees, the said certificate, together with the muster roll, be by the said commissary transmitted to the commanding officer of the provincal forces, and by him to the committee of safety appointed by this convention, within twenty days, next ater such muster being taken; on failure whereof, the commissary so offending shall be discharged from the service.

Article LVIII. Every officer who shall be convicted before a general court-martial of having signed a false certificate, relating to the absence of either officers or non-commissioned officers, or private soldiers, shall be cashiered.

Article LIX. Every officer who shall knowingly nake a false muster of a 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 cue to him at the time of conviction for such offence.

Article LX. Any commissary who shall be convicted of having taken any gift or gratuity on the mustering any regiment or company, on the signing the muster rolls, shall be displaced from his office, and forfeit and pay as in the preceeding article.

Article LXI. Any officer who shall presume to muster any person as a soldier who is at all times accustoned 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 LXII. Every officer who shall knowingly make a false return to the commander in chief of the provincial forces, or to any of his superior officers authorised to call for such returns of the state of the regiment, company or garrison, under his command, or of arms, ammunition, clothing, or other stores thereunto belonging, shall by a court-martial be cashiered.

Article LXIII. The commanding officer of every regiment, or other corps, or of any garrison in the service aforesaid, shall, in the beginning of every month, remit to the commander in chief of the said forces an exact return of the state of the regiment, troops, or other corps, or of any garrison under his command, specifying the names of the officers not then residing at their posts, and the reason for and time of their ab