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Rules and Articles For the better GOVERNMENT of His

MAJESTY’s Horse and Foot Guards, And all other His

FORCES IN Great Britain and Ireland Dominions beyond the

Seas, and Foreign Parts, 

(or The Articles of War, 1762)

 

 

 

 

24th of March, 1762

GEORGE R.

SECTION I. Divine Worship.

Art. I

Divine Service and Sermon to be frequented. The Penalty of absenting from Divine Service, and of irreverent Behavior. If Commission’d Officers. If Non-commission’d or Private Men. How forfeiture is to be applied.

All Officers and Soldiers, not having just Impediment, shall diligently frequent Divine Service and Sermon, in the Places appointed for the assembling of the Regiment, Troop, or Company, to which they belong; such as willfully absent themselves, or, being present, behave indecently or Irreverently, shall, if Commission’d Officers be brought before a Court-martial, there to be publickly and severely reprimanded by the President; if Non-commission’d Officers or Soldiers, every Person so offending shall, for his First Offense, forfeit Twelve Pence, but be laid in Irons for Twelve Hours; and for every like Offense, 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

The Penalty of Swearing or Cursing.

Whatsoever Officer or Soldier shall use any unlawful Oath

Art. III.

The Penalty of speaking against any Article of the Christian Faith.

Whatsoever Officer or Soldier shall presume to speak against any known Article of the Christian Faith, shall be delivered over to the Civil Magistrate, to be proceeded against according to Law.

Art. IV.

The Penalty of profaning Churches, or offering Violence to Chaplains or Ministers.

Whatsoever Officer or Soldier shall profane any Place dedicated to Divine Worship, or shall offer Violence to any Chaplain of the Army, or to any other Minister of God’s Word; he shall be liable to such Penalty or corporal Punishment, as shall be inflicted on him by a Court-martial.

Art. V.

Penalty on Chaplains absenting from the Regiment.

No Chaplain who is commission’d to a Regiment, Company, Troop, or Garrison, shall absent himself from the said Regiment, Company, Troop, or Garrison (excepting in case of sickness or Leave of Absence) upon pain of being brought to a Court-martial, and punish’d as their Judgment and the Circumstances of his Offense may require.

Art. VI.

Penalty on Chaplains guilty of Drunkenness or other vicious Behavior.

Whatever Chaplain to a Regiment, Troop, or Garrison, shall be guilty of Drunkenness, or of other scandalous or vicious Behavior, derogating from the Sacred Character with which he is invested, shall, upon due Proofs before a Court-martial, be discharged from his said Office.

 

SECTION II. Mutiny

Art. I

The Penalty of speaking traitorous or disrespectful Words against the King, or any of the Royal Family.

Whatsoever Officer or Soldier shall presume to use traitorous or disrespectful Words against the Sacred Person of His Majesty, or of the Royal Family; if a Commission’d Officer, he shall be cashier’d; if a Non-commission’s Officer or Soldier, he shall suffer such Punishment as shall be inflicted upon him by the Sentence of a Court-martial.

Art. II.

The Penalty of disrespectful Behavior to the General or Commander in Chief.

Any Officer or Soldier who shall behave himself with contempt or disrespect towards the General, or other Commander in chief of Our Forces, or shall speak Words tending to Hurt or Dishonour, shall be punished according to the Nature of his Offense. by the Judgement of a Court-martial

Art. III.

The Penalty of Mutiny.

Any Officer or Soldier who shall begin, excite, cause, or join in, and Mutiny or Sedition, in the Troop, company, or regiment, to which he belongs, or in any other Troop or Company in Our Service, or on any Party, Post, Detachment, or Guard, on any Pretence whatsoever, shall suffer Death, or such other Punishment as by a Court-martial shall be inflicted.

Art. IV.

and of not suppressing, or the concealing of Mutiny.

Any Officer, Non-commission’d Officer, or Soldier, who being present at any Mutiny or sedition, does not use his utmost Endeavours to surpress the same, or coming to the Knowledge of any Mutiny, or intended Mutiny, does not eithout Delay give information thereof to his commanding Officer, shall be punish’d by a Court-martial with Death, or otherwise, according to the Nature of the Offense.

Art. V.

The Penalty of striking, or drawing any Weapon against a superior Officer; or disobeying Orders.

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 Death, or such other Punishment as shall, according to the Nature of his Offence, be inflicted upon him by the Sentence of a Court-martial.
SECTION III. Of Inlisting Soldiers.
Art. I
Non-commission’d Officers and Soldiers at their inlistment, to have the Articles against Mutiny and Desertion read to them; and to be brought before the next Justice, or in Foreign Parts, before the Judge Advocate.
Every Non-commission’d Officer and Soldier, who shall inlist himself in Our Service, shall at the Time of his so inlisting, or within Four Days afterward, have the Articles against Mutiny and desertion read to him, and shall, by the Officer who inlist him, or by the Commanding Officer of the Troop or company into which he was inlisted, be taken before the next Justice of the Peace, or chief Magistrate of any City or Town corporate, (not being an Officer of the Army) or in foreign Parts, where Recourse cannot be had to the Civil Magistrate, before the Judge Advocate, and in his Presence shall take the following Oath:
The Oath of Fidelity
I Swear to be true to our Sovereign Lord King GEORGE, and serve Him honestly and faithfully, in Defence of His Person, Crown, and Dignity, against all His Enemies or Opposers whatsoever: And to observe and obey His Majesty’s Orders, and the Orders of the Generals and Officers set over me by His Majesty.

The Justice to give a Certificate thereof.

Which Justice or Magistrate is to give to the Officer a Certificate, signifying that the Man inlisted did take the said Oath, and that the articles of War were read to him, according to Act of Parliament.

Art. II.

No Discharge to be allow’d unless sign’d by a Field Officer of the Regiment.

After a Non-commission’d Officer or Soldier shall have been duly inlisted and sworn, he shall not be dismissed Our Service without a Discharge in Writing; and no Discharge granted to him shall be allowed of as sufficient, which is not sign’d by a Field Officer of the Regiment into which he was inlisted; or Commanding Officer, where no Field Officer of the regiment is in Great Britain.

SECT. IV. Musters.

Art. I.

What an Officer must do in order to the Muster.

Every Officer commanding a Regiment, Troop, or Company, shall, upon the 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.

​

Art. II.
Field Officers residing with the Regiment may grant Furloughs. How long a Time a Soldier may be absent, and by what Leave.
Every Colonel or other Field Officer commanding the Regiment, Troop, or Company, and actually residing with it, may give Furloughs to Non-commission’d Officers and Soldiers, in such Numbers, and for so long a Time, as he shall judge to be most consistent with the Good of Our Service; but no Non-commission’s 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 should require it, of which Occasion the Field Officer present with, and commanding the Regiment, is to be the Judge.
Art. III.
Commanding Officer to give to the Commissary Certificates of the Time, and Reason of the Absence of any not appearing at Muster, which are toi be inserted in the Muster-rolls, the Certificates and Muster-rolls to be remitted to the Commissary’s Office.
At every Muster the Commanding Officer of each Regiment, Troop, or Company there present, shall give to the Commissary Certificates sign’d by himself, signifying how long such Officers who shall not appear at the said Muster have been absent, and the reason of their Absence; in like 
 

Manner the commanding Officer of every Troop or Company shall give Certificates, signifying the Reasons of the absence of the Non-commission’s Officers and private Soldiers; which Reasons and Time of Absence shall be inserted in the Muster-rolls opposite to the Names of the respective absent Officers and Soldiers; the Certificates shall, together with the Muster-rolls, be remitted to Our Commissary’s Office within Twenty days after such Muster being taken; on the Failure thereof, the Commissary so offending shall be discharged from Our Service.

Art. IV.

The Penalty of signing false Certificates.

Every Officer who shall be convicted before a General Court-martial of having sign’d a false Certificate, related to the Absence of either Officer or private Soldier, shall be cashiered.

Art. V.

The Penalty of making false Musters; or signing false Muster-rolls.

Every Officer who shall knowingly make a false Muster of Man or Horse, and every Officer or Commissary who shall wittingly sign, direct, or allow the signing of the Muster-rolls, wherein such false Muster is contain’d, shall, upon Proof made thereof by Two witnesses before a General Court-martial, be cashier’d, and suffer such other Penalty as by the Act of Parliament is for that purpose inflicted.

Art. VI.
Penalty on the Commissary taking Money on a Muster, or on signing the Muster-roll.
Any Commissary who shall be convicted of having taken Money by way of Gratification on the mustering any Regiment, Troop, or Company, or on the signing the Muster-rolls, shall be displaced from his Office, and suffer such other Penalty as by the Act of Parliament is inflicted.
Art. VII.
Penalty of mustering any accustomed to wear a Livery, or not doing Duty as a Soldier.
Any Officer who shall presume to muster any Person as a Soldier, who is at other Times accustom’d to wear a Livery, or who does not actually do his Duty as a Soldier, shall be deem’d guilty of having made a false Muster, and shall suffer accordingly. 
SECT. V. Returns.
Art. I.
Penalty on Officer making false Returns.
Every Officer who shall knowingly make a false Return to Us, to the Commander in Chief of Our Forces, or to any his superior Officer authorized to call for such Returns, of the State of the Regiment, Troop, or Company, or Garrison, under his Command, or of Arms, Ammunition, Clothing, or other Stores thereunto belonging, shall by a Court-martial be cashier’d.

Art. II.

Penalty of not remitting a Monthly Return to the Commander in Chief, and Secretary at War.

The Commanding Officer of every Regiment, Troop, or Independent Company, or Garrison in South Britain, shall, in the Beginning of every Month, remit to the Commander in Chief of Our Forces, and to Our Secretary at War, 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 the sending Returns, shall be punish’d according to the Nature of his Crime by the Judgement of a General Court-martial.

Art. III.

The like Returns to be made in Ireland and Scotland.

Returns shall be made in like Manner of the State of Our Forces in Our Kingdom of Ireland, to the Chief Governor or Governors thereof, as likewise of Our Forces in North Britain, to the Officer there commanding in Chief; which Returns shall from Time to Time be remitted to Us, as it shall be best for Our Service.

Art. IV.

Returns to be made from Gibraltar, Port Mahon, and America.

It is Our Pleasure, that exact Returns of the State of Our Garrisons at Gibraltar and Port Mahon, and of Our Regiments, Garrisons, and Independent Companies in America, be by their respective Governors or Commanders there residing, by all convenient Opportunities, remitted to Our Secretary at War, for their being laid before Us.

SECT. VI. Desertion

Art. I.

The Penalty of Desertion.

All Officers and Soldiers, who having received Pay, or having been duly inlisted in the Service, shall be convicted of having deserted the same, shall suffer death, or such other Punishment as by a Court-martial shall be inflicted.

Art. II.

Soldiers absenting from their Company, or Detachment, without Leave, to be punished at the Discretion of a Court-martial.

Any Non-commission’d Officer or Soldier, who shall, without Leave from his commanding Officer, absent himself from his Troop or Company, or from any Detachment with which he shall be commanded, shall, upon being convicted thereof, be punis’d according to the Nature of his Offence at the Discretion of a Court-martial.

Art. III.

Penalty of inlisting in other Regiments, without a Discharge from the former Regiment. Penalty of Officers entertaining, and not confining such as Deserters.

No Non-commission’d Officer or Soldier shall inlist himself in any other Regiment, Troop, or Company, without a regular Discharge from the Regiment, Troop, or Company, in which he last served, on the Penalty of being reputed a Deserter, and suffering accordingly: And in case any Officer shall knowingly receive and entertain such Non-commission’d Officer or Soldier, or shall not, after his being discover’d to be a Deserter, immediately confine him, and give Notice thereof to the Corps in which he last served, the said Officer so offending shall by a Court-martial be cashiered.

Art. IV.

The Penalty of persuading anyone to desert.

Whatsoever Officer or Soldier shall be convicted of having advised or persuaded any other Officer or Soldier to desert Our Service, shall suffer such Punishment as shall be inflicted upon hin by the Sentence of a Court-martial.

SECT. VII. Quarrels and sending Challenges.

Art. I.

The Penalty of provoking Speech or Actions.

No Officer or Soldier shall use any reproachful or provoking Speeches or Gestures to another, upon Pain, if an Officer, of being put in Arrest; if a Soldier, imprisoned, and of asking Pardon of the Party offended, in the Presence of his Commanding Officer.

Art. II.

The Penalty of sending a Challenge.

No Officer or Soldier shall presume to send a Challenge to any other Officer or Soldier, to fight a Duel, upon Pain, if a commission’d Officer, of being cashierd; if a Non-commission’d Officer, or Soldier, of suffering corporal Punishment, at the Discretion of a Court-martial.

Art. III.

The Penalty if an Officer suffer any to go out to fight a Duel. the seconds carrying challenges, shall be Principals.

If any Commission’d or Non-commission’d Officer commanding a guard, shall willingly and knowingly suffer any Person whatsoever to go forth to fight a Duel, he shall be punis’d as a Challenger: And likewise all Seconds, Promoters, and Carriers of Challenges, in order to Duel, shall be deem’d as Principals, and be punish’d accordingly.

Art. IV.

All Officers have Power to part Frays. Penalty of resisting.

All Officers, of what Condition soever, have Power to part and quell all Quarrels, Frays, and Disorders, though the Persons concern’d should belong to another Regiment, Troop, or Company; and either to order 

Officers into arrest, or Non-commission’d Officers or Soldiers to Prison, till their proper superior Officers shall be acquainted therewith; and whosoever 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. V.

Penalty for upbraiding any for refusing a Challenge.

Whatsoever Officer or Soldier shall upbraid another for refusing a Challenge, shall himself be punish’d as a Challenger; and We hereby acquit and discharge all Officers and Soldiers of any Disgrace, or Opinion of Disadvantage, which might arise from their having refus’d to accept a Challenge, as they will have only acted in Obedience to Our Orders, and done their Duty as good Soldiers, who subject themselves to Discipline.

SECT. VIII. Suttling.

Art. I.

Suttlers not to sell any Thing after Nine at Night, or before Reveille, or upon Sundays, during Divine Service.

No Suttler 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 dismiss’d from all future Suttling.

Art. II.

Liberty given for bringing Provisions into Garrisons, &c.;

All Officers, Soldiers, and Suttlers, shall have full Liberty to bring into any of Our Forts or Garrisons, any Quantity or Species of Provisions, eatable or drinkable, except where any Contract or Contracts are or shall be enter’d into by Us, or by Our Order, for furnishing such Provisions, and with respect only to the Species of Provisions so contracted for.

Art. III.

Commanding Officers are to see the Soldiers supplied with Provisions at the Market Price.

All Governors, Lieutenant Governors, and Officers commanding in Our 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 the Market Price, as they shall be answerable to Us for their Neglect.

Art. IV.

Penalty of exacting in the letting out of Stalls to suttlers, or Laying a Duty on, or being interested in the Goods sold by them.

No Governors, or Officers, commanding any of Our Garrisons, Forts, or Barracks, shall either themselves exact exorbitant Prices for Houses or Stalls let out to Suttlers, or shall connive at the like Exactions in others; not by their own Authority, and for their private Advantage, shall they lay any Duty or Imposition upon, or be interested in the Sale of such Victuals,

Liquors, or other Necessaries of Life, which are brought into the Garrison, Fort, or Barracks, for the Use of the Soldiers, on Penalty of being discharg’d from Our Service.

SECT. IX. Quarters.

Art. I.

Penalty of demanding Billets for Quartering more than the Number of effective Men; or of Quartering Wives, Children, Men or Maid Servants; or taking Money for freeing of Landlords from Quartering Soldiers.

No Officer shall demand Billets for Quartering more than his effective Men; nor shall he quarter any Wives, Children, Men or Maid Servants, in the Houses assign’d for the Quartering of Officers or Soldiers, without the consent of the Owners; nor shall he take Money for the freeing of Landlords from the Quartering of Officers or Soldiers: If a Commission’d Officer so offending, he shall be cashier’d; if a Non-commission’d Officer, he shall be reduced to a Private Centinel, and suffer such corporal Punishment as shall be inflicted upon him by the Sentence of a Court-martial.

Art. II.

Commanding Officer to see the Quarters clear’d Weekly; and to give Certificates for Money due in Quarters, and remit Duplicates thereof to the Paymaster General; on Penalty of being cashier’d.

Every Officer commanding a Regiment, Troop, or Company, or Party, whether in settled Quarters, or upon a March, shall take Care that his own Quarters, as also the Quarters of every Officer and Soldier under his Command, be regularly clear’d at the end of every Week, according to the Rules specified by the Act of Parliament now in Force; but in case any such Regiment, Troop, or Company, or Party be ordered to March before Money may be come to the Hands of the Commanding Officer aforesaid, he is hereby required to see that the Accounts with all Persons who shall have Money due to them for the Quartering of Officers and Soldiers, be exactly stated; and he is to sign a Certificate for each Landlord, specifying what Sum is then justly due him, as likewise the Regiment, Troop, or Company to which the Officers and Soldiers to indebted to him belong, and is, by the first Opportunity, to remit Duplicates of the saiud Certificates to Our Paymaster General: Any Commanding Officer who shall refuse Accounts, and the certifying the same as above directed, shall be cashier’d.

Art. III.

Penalty on the Commanding Officer not causing Publick Notice to be given against crediting Soldiers beyond their Pay.

The Commanding Officer of every Regiment, Troop, or Company, or Detachment, shall upon their first coming into any City, Town, or Village, where they are to remain in Quarters, cause publick Proclamation to be made, signifying that if the Landlords or other Inhabitants suffer the Non-commission’d Officers or Soldiers to contract Debts beyond what their daily Subsistence will answer, that such Debts will not be discharg’d; then the said Commanding Officer shall, for refusing or neglecting so to do, be suspended for Three Month’s; during which Time his whole Pay shall be apply’d to the discharging such Debt as shall have been contracted by the non-commission’d Officers and Soldiers under his command, beyond the Amount of their daily Subsistence: If there be any Overplus remaining, it may be return’d to him.

Art. IV.

Inhabitants crediting Soldiers beyond their Pay, after publick Notice to the contrary, Officers not liable to the Debt.

If, after publick Proclaimation to be made, the Inhabitants shall notwithstanding suffer the Non-commission’d Officers and Soldiers to contract Debts beyond what the Money issued out, or to be issued out for their daily Subsistence will answer. It will be at their own Peril, the Officers not being oblig’d to discharge the said Debts.

Art. V.

The Penalty of an Officer refuse to see Justice done, if any Person shall be abused or wrongly by a Soldier.

Every Officer commanding in Quarters, Garrisons, or on a March, shall keep good Order, and to the utmost of his Power redress all such Abusesd or Disorders which may be committed by any Officer or Soldier under his Command; if, upon Complaint made to him of Officers or Soldiers beating, or otherwise ill-treating of their Landlords, or of extorting more from them than they are oblig’d to furnish by Law; of disturbing Fairs or Markets, or of committing any Kind of Riots, to the disquieting of Our People; then 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 injur’d, as far as Part of the Offender’s Pay shall enable him or them, shall, upon Proof thereof, be punish’d by a General Court-martial, as if he himself had committed the Crimes or Disorders complain’d of.

SECT. X. Carriages.

Commanding Officer is to apply for Carriages, and to pay for them, according to the Act of Parliament; and not to suffer the Persons attending them to be abused; of their Carriages overloaded: On Failure of Money, he is to grant Certificates to them.

The Commanding Officer of every Regiment, Troop, Company, or Detachment, which shall be order’d to March, is to apply to the proper Magistrates for the necessary Carriages, and is to pay for them as is directed by the Act of Parliament; taking Care not himself to abuse, not suffer any Persons under his Command to beat or abuse the Waggoners, or other Persons attending such Carriages; nor to suffer more that Thirty hundred Weight to be loaded on and Wain or Waggon so furnish’d, or in Proportions on Carts or Carrs; nor permit Soldiers (except such as are sick or lame) or Women to ride upon the said Carriages: Whatever Officer shall offend herein, or, in case of Failure of Money, shall refuse to grant Certificates, specifying the Sums due for the Use of such Carriages, and the Name of the Regiment, Troop, or Company in whose service they were employ’d, shall be cashier’d, or be otherwise punish’d according to the Degree of his Offence by a General Court-martial.

SECT. XI. Of Crimes punishable by Law.

Art. I.

Commanding Officers are, upon Application, to use their utmost Endeavours to deliver over to the Civil Magistrate any Officer, Non-commission’d Officer, or Soldier accused of Crimes punishable by the known Laws of the Land; and to be aiding to the Officers of Justice in securing such Offender; and upon willful Neglect or Refusal, to be cashier’d.

Whenever any Officer or Soldier shall be accused of a capital Crime, or having used Violence, or committed any Offence against the Persons or Property of Our Subjucts, such as is punishable by the known Laws of the Land, the commanding Officer and Officers of every Regiment, Troop, or Party, to which the Person or Persons so accused shall belong, are hereby requir’d upon Application duly made by or in behalf of the Party or Parties injur’d, to use his utmost Endeavours to deliver over such accused Person or Persons to the Civil Magistrate; and likewise to be aiding and assisting to the Officers of Justice, in apprehending and securing the Person or Persons so accused, in order to bring him or them to a Trial. If any commanding Officer or Officers shall willfully neglect, or shall refuse, upon the Application aforesaid, to deliver over such accused Person or Persons to the Civil Magistrate, or to be aiding to the Officers of Justice in apprehending such Person or Persons, the Officer or Officers so offending shall be cashier’d.

SECT. XI. Of Crimes punishable by Law.

Art. I.

Commanding Officers are, upon Application, to use their utmost Endeavours to deliver over to the Civil Magistrate any Officer, Non-commission’d Officer, or Soldier accused of Crimes punishable by the known Laws of the Land; and to be aiding to the Officers of Justice in securing such Offender; and upon willful Neglect or Refusal, to be cashier’d.

Whenever any Officer or Soldier shall be accused of a capital Crime, or having used Violence, or committed any Offence against the Persons or Property of Our Subjucts, such as is punishable by the known Laws of the Land, the commanding Officer and Officers of every Regiment, Troop, or Party, to which the Person or Persons so accused shall belong, are hereby requir’d upon Application duly made by or in behalf of the Party or Parties injur’d, to use his utmost Endeavours to deliver over such accused Person or Persons to the Civil Magistrate; and likewise to be aiding and assisting to the Officers of Justice, in apprehending and securing the Person or Persons so accused, in order to bring him or them to a Trial. If any commanding Officer or Officers shall willfully neglect, or shall refuse, upon the Application aforesaid, to deliver over such accused Person or Persons to the Civil Magistrate, or to be aiding to the Officers of Justice in apprehending such Person or Persons, the Officer or Officers so offending shall be cashier’d.

If any inferior Officer or Soldier shall think himself wrong’d by his Captain, or other Officer commanding the Troop or Company to which he belongs, he is to complain thereof to the commanding Officer of the Regiment, who is hereby requir’e 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 groundless, the Person so appealing shall be punish’d at the discretion of the said General Court-martial.

SECT. XIII. Of Stores, Ammunition, &c.;

Art. I.

Penalty of Officer’s selling Military Stores without Order; or embezzling, or misapplying them, or suffering them to be damag’d by Neglect.

Whatsoever Commission’d Officer, Store-keeper, or Commissary shall be convicted at a General Court-martial of having sold (without a proper Order for that Purpose) embezzled, misapplied, or willfully, or through Neglect, suffer’d any of Our Provisions, Forage, Arms, Clothing, Ammunition, or other Military Stores, to be spoil’d or damaged, the said Officer, Store-keeper, or Commissary so offending, shall, at his Own Charge, make good the Loss or Damage and be dismiss’d from Our Service, and suffer such other Penalty as by the Act of Parliament is inflicted.

Art. II.

The Penalty of wasting Ammunition deliver’d out for the Service.

Whatsoever Non-commission’d Officer or Soldier shall be convicted at a Regimental court-martial of having sold, or designedly, or through Neglect, wasted the Ammunition delivered out to him to be employ’d in Our Service, shall, if a Non-commission’d Officer, be reduced to a private Centinel, and shall besides suffer corporal Punishment, in the same Manner as a private Centinel so offending, at the Discretion of a Regimental court-martial.

Art. III.

The Penalty if a Soldier sells or spoils his Arms, &c.;

Every Non-commission’d Officer or Soldier who shall be convicted at a Court-martial of having sold, or lost, or spoil’d through Neglect, his Horse, Arms, Clothes, or Accoutrements, shall undergo such Weekly Stoppages (not exceeding the Half of His Pay) as a Court-martial shall judge sufficient for repairing the Loss or Damage; and shall suffer Imprisonment, or such other corporal Punishment as his Crime shall deserve.

Art. IV.

The Penalty if a Non-commission’d Officer embezzle, &c, the Pay of Men under his Command, or the Inlisting money, with which he is intrusted.

Every Non-commission’d Officer who shall be convicted at a General or Regimental Court-martial, of having embezzilled or misapplied any Money, with which he may have been intrusted for the Payment of Men under his Command, or for inlisting Men into Our Service, shall be reduced to serve in the Ranks as a private Soldier, be put under Stoppages until the Money be made good, and suffer such corporal Punishment (not extending to Life or Limb) as the Court-martial shall think fit.

Art.  V.

The Captain to be accountable to his Colonel for the Arms &c. of his Company.

Every Captain of a Troop or Company, is charg’d with the Arms, Ammunition, Accoutrements, Clothing, or other warlike Stores belonging to the Troop or Company under his Command, which he is to be accountable for to his Colonel, in case of their being lost, spoil’d, or damaged, not by unavoidable Accidents, or on actual Service.

SECT. XIV. Of Duties in Quarters, in Garrison, or in the Field.

Art. I.

The Penalty if a Soldier be found 1 Mile from his Camp without Leave in Writing.

Every Non-commission’d Officer who shall be convicted at a General or Regimental Court-martial, of having embezzilled or misapplied any Money, with which he may have been intrusted for the Payment of Men under his Command, or for inlisting Men into Our Service, shall be reduced to serve in the Ranks as a private Soldier, be put under Stoppages until the Money be made good, and suffer such corporal Punishment (not extending to Life or Limb) as the Court-martial shall think fit.

Art.  V.

The Captain to be accountable to his Colonel for the Arms &c. of his Company.

Every Captain of a Troop or Company, is charg’d with the Arms, Ammunition, Accoutrements, Clothing, or other warlike Stores belonging to the Troop or Company under his Command, which he is to be accountable for to his Colonel, in case of their being lost, spoil’d, or damaged, not by unavoidable Accidents, or on actual Service.

SECT. XIV. Of Duties in Quarters, in Garrison, or in the Field.

Art. I.

The Penalty if a Soldier be found 1 Mile from his Camp without Leave in Writing.

No Officer, Non-commission’d Officer, or Soldier shall fail of repairing, at the Time fixed, to the Place of Parade or Exercise, or Rendezvous appointed by his 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 dismiss’d or reliev’d on the Penalty of being punish’d according to the Nature of his Offence, by Sentence of a Court-martial.

Art. V.

The Penalty of Drunkenness.

Whatever Commission’d Officer shall be found drunk on his Guard, Party, or other duty, under Arms, shall be cashier’d for it; any Non-commission’d Officer or Soldier so offending, shall suffer such corporal Punishment as shall be inflicted by the Sentence of a Court-martial.

Art. VI.

Penalty if a Centinel be found sleeping on his Post, or quitting it before he is relieved.

Whatever Centinel be found sleeping on his Post, or shall leave it before he shall be regularly relieved, shall suffer Death, or such other Punishment as shall be inflicted by the Sentence of a Court-martial.

Art. VII.

The Penalty if a Soldier hire another to do his Duty.

No Soldier belonging to any of Our Troops or regiments of Horse or Foot Guards, or to any other Regiment of Horse, Foot, or Dragoons in Our Service, shall hire another to do his Duty for him, or be excus’d from Duty, but in case of Sickness, Disability, or Leave of Absence; and ever such Soldier found guilty of hiring his Duty, also the Party so hired to do another’s Duty, shall be punished at the next Regimental Court-martial.

Art VIII.

The Penalty of an Officer’s conniving at the hiring of Duty.

And every Non-commission’d Officer conniving at such hiring of Duty as aforesaid, shall be reduced for it; and every Commission’d Officer, knowing and allowing of such ill Practices in the service, shall be punished by the Judgement of a General Court-martial.

Art. X.

The Penalty if an Officer or Soldier shall quit his Pelottoon or Division.

Any Officer or Soldier, who shall, without urgent Necessity, or without Leave of his Superior Officer, quit his Pelottoon or Division, shall be punish’d according to the Nature of his Offence by the Sentence of a Court-martial.

Art. XI.

The Penalty of doing Violence to any who bring Provisions to the Camp or Quarters.

No Officer or Soldier shall do Violence to any Person who brings Provisions or other Necessaries, to the Camp, Garrison, or Quarters of Our Forces employ’d in Foreign Parts, on Pain of Death.

Art. XII.

The Penalty of misbehaving before the Enemy, &c.;

Whatsoever Officer or Soldier shall misbehave himself before the Enemy, or shamefully abandon and Post committed to his Charge, or shall speak Words inducing others to do the like, shall suffer Death.

Art. XIII.

The Penalty of running away from the Enemy, or speaking Words to induce others to do the like; or of Plundering.

Whatever Officer or Soldier shall misbehave himself before the Enemy, and run away, or shamefully abandon any fort, Post, or Guard which he or they shall be commanded, to defend or speak Words inducing others to do the like; or who, after Victory, shall quit his Commanding Officer, or Post, to plunder and pillage; every such Offender, being duly convicted thereof, shall be reputed a Disobeyer of Military Orders; and shall suffer Death, or such other Punishment as by a General court-martial shall be inflicted on him.

Art. XIV.

The Penalty of casting away Arms or Ammunition.

Any Person belonging to Our Forces employed in foreign Parts who shall cast away his arms or Ammunition, shall suffer Death, or such other Punishment as shall be ordered by the Sentence of a General Court-martial. And whosoever shall be found guilty of the said Offence in Great Britain or Ireland, shall be punished at the Discretion of a General Court-martial.

Art. XV.

The Penalty of making known the Watch Word, or giving a false one.

Any Person belonging to Our Forces employed in Foreign Parts, who shall make known the Watch Word to any Person who is not intitled 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, shall suffer Death, or such other Punishment as shall be ordered by the Sentence of a General Court-martial. And whosoever shall be found guilty of the said Offence in Great Britain or Ireland, shall be Punished at the Discretion of a General Court-martial.

Art. XVI.

Officers and Soldiers are to be orderly in Quarters, and on their March, the Penalty of spoiling the Property of any Person, unless be Order, to annoy the Enemy.

All Officers and Soldiers are to behave themselves orderly in Quarters, and on their March; and whosoever shall commit any Waste or Spoil, either in Walks of Trees, Parks, Warrens, Pish-ponds, Houses, or Gardens, Cornfields, Inclosures, or Meadows, or shall maliciously destroy any Property whatever belonging to any of Our Subjects, unless by Order of the then Commander in Chief of Our Forces to annoy Rebels, or other Enemies in Arms against Us, he or they shall be found guilty of offending herein (besides such Penalties as they are liable to by Law) be punished according to the Nature and Degree of the Offence, by the Judgement of a Regimental or General Court-martial.

Art. XVII.

The Penalty of forcing a Safeguard.

Whosoever of Our Forces employed in Foreign Parts shall force a Safeguard, shall suffer Death.

Art. XVIII.

The Penalty of relieving or harbouring an Enemy.

Whosoever shall relieve the Enemy with Money, victuals, or Ammunition, or shall knowingly harbor or protect an Enemy, shall suffer Death, or such other Punishment as by a Court-martial shall be inflicted.

Art. XIX.

The Penalty of holding Correspondence with, or giving Intelligence to, the Enemy.

Whosoever shall be convicted of holding Correspondence with, or giving Intelligence to the Enemy, either directly or indirectly, shall suffer Death, or such Punishment as by a Court-martial shall be inflicted.

Art. XX.

Publick Stores to be secur’d for His Majesty’s Service.

All Publick Stores taken in Enemies Camp, Towns, Forts, or Magazines, whether of Artillery, Ammunition, Clothing, Forage, or Provisions, shall be secured for Our Service; for the Neglect of which Our commanders in chief are to be answerable.

Art. XXI.

The Penalty of going in Search of Plunder.

If any Officer or Soldier shall leave his Post or Colours to go in Search of Plunder, he shall, upon being convicted thereof before a general court-martial, suffer Death, or such other Punishment as by a Court-martial shall be inflicted.

Art. XXII.

The Penalty of compelling the Commandant of any Fortress, or a Post, to give it up to the Enemy.

If any Governor or Commandant of any garrison, Fortress, or Post, shall be compelled by the Officers or Soldiers under his command to give it up to the Enemy, or to abandon it, the commission’d Officers, 

Non-commission’d Officers, or Soldiers, who shall be convicted of having so offended, shall suffer Death, or other such Punishment as may be inflicted upon them by the Sentence of a court-martial.

Art. XXIII.

Suttlers and Retainers to the Camp to be subject to Military Orders.

All Suttlers and Retainers to a Camp, and all Persons whatsoever serving with Our Armies in the Field, though not inlisted Soldiers, are subject to Orders, according to the Rules and Discipline of War.

Art. XXIV.

Brevets.

Officers having Brevets, or Commissions of a prior date to those of the Regiment in which they now serve, may take Place in Court-martial and on Detachments, when composed of different Corps, according to the ranks given them in their Brevets, or Dates of their former Commissions; but in the Regiment, Troop, or Company, to which such Brevet Officers,

and those who have commissions of a prior date, do belong, they shall do Duty, and take Rank both on Court-martial and on Detachments, which shall be composed only of their own Corps, according to the Commissions be which they are muster’d in the said Corps.

Art. XXV.

The eldest Officer is to command when any Troop of the Horse Guards and regiments of Horse Guards shall do Duty together;

If upon Marches, Guards, or  in Quarters, any of our Troops of horse Guards, Foot Guards, or Regiment of Horse Guards, shall happen to join to do Duty together, the eldest Officer by Commission there, on Duty or in Quarters, shall command the Whole, and give out Orders for what is needful to Our Service; Regard being always had to the several Ranks of those Corps, and the Posts they usually occupy.

Art. XXVI.

or when any of the horse or Foot Guards shall do Duty with any other Corps.

And in like manner also, if any Regiments, Troops or Detachments of Our Horse or Foot guards shall happen to march with, or to be encamp’d or quarter’d with any Bodies or Detachments of Our other Troops, the eldest Officer, without respect to Corps, shall take upon him the command of the Whole, and give the necessary Orders to Our Service.

Art. XXVII.

The Foot Guards doing Duty unmix’d, to be consider’d as One Corps; and the Officers to rank &c. as they are mustered.

When Our Regiments of Foot Guards, or Detachments from Our said Regiments, shall do Duty together, unmix’d with other Corps, they shall be consider’s as One Corps; and the Officers shall take Rank and do Duty according to the commissions by which they are mustered.

SECT. XV. Administration of Justice.

Art. I.

General Court-martial in Great Britain or Ireland.

A General Court-martial (in Our Kingdoms of Great Britain or Ireland) shall not consist of less than Thirteen commissioin’d Officers; and the President of such Court-martial shall not be the Commander in chief, or governor of the garrison, where the Offender shall be tried, not be under the Degree of a Field Officer.

Art. II.

General court-martial in Gibraltar, Minorca, or other Places beyond the Seas.

A General Court-martial held in Our Garrison of Gibraltar, Island of Minorca, or in any other Place beyond the Seas, shall not consist of less than Thirteen Commission’d Officers; nor shall the President of such General Court-martial be the Commander in Chief, or Governor of the Garrison, where the Offender shall be tried, nor under the Degree of a Field Officer, unless where a Field Officer cannot be had, in which Case the Officer next in Seniority to the Commander, not being under the Degree of a Captain, shall preside at such Court-martial.

Art. III.

These Articles relate to the Horse and Foot Guards, as well as to other Forces. Rules relating to Court-martial, in Case where the Horse or Foot Guards are concerned.

Whereas the Our Rules and Articles are to be observed by, and do in all Respect regard Our Troops and Regiments of Horse and Foot Guards, as well as Our other Forces; and that several Disputes have arisen, and may arise, between the Officers of Our Horse and Foot Guards, on that and other Points of Duty; We do therefore herein declare it to be Our Will and Pleasure, That when any Officer or Soldier belonging to Our said Troops of Horse Guards, or Foot Guards shall happen to be brought to a General Court-martial, for Differences arising purely amongst themselves, or for Crimes relating to Discipline, or Breach of Orders, such Court-martial shall be composed of Officers serving in any or all of those Corps of Horse Guards (as they may then happen to lie for their being most conveniently assembled) where the Officers are to take Post according to the Dates and Degrees of Ranks granted them in their respective Commissions, without Regard to the Seniority of Corps, or other formerly pretended Privileges.

Art. IV.

Rules relating to Court-martial where the Foot Guards are concerned.

In like Manner also, the Officers of Our Three regiments of Foot Guards, when appointed to hold Courts-martial for Differences or Crimes as aforesaid, shall of themselves compose Court-martial, and take Rank 

according to their Commissions; but for all Disputes or Differences which may happen between Officers or Soldiers belonging to Our said Corps of Horse Guards, and other Officers and Soldiers belonging to Our said Corps of Horse Guards, and other Officers and Soldiers belonging to Our Regiments of Foot Guards, and Officers and Soldiers of Our other Troops, the Court-martial to be appointed in such Cases shall be equally composed of Officers belonging to the Corps in which the Parties complaining to the Corps in which the Parties complaining and complain’d of do then serve; and the President to be order’d by Turns, beginning first by an Officer of One of Our Troops of Horse Guards; and so on in course out of the other Corps.

Art. V.

Members of Court-martial are to take the same Rank as their Sittings as they hold in the Army. Exception.

The Members both of General and Regimental Court-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 on One Corps, they shall take their Ranks according to the Dates of the Commissions by which they are mustered in the said Corps.

Art. VI.

Judge Advocate is to inform and prosecute.

The Judge Advocate General, or some Person deputed by him, shall 

prosecute in His Majesty’s Name; and in all Trials of Offenders by General Courts-martial, administer to each Member  the following Oaths:

The Oaths to be administered to the Members of all General Courts-martial.

You shall well and truly try and determine according to your Evidence in the Matter now before you, between our Sovereign Lord the King’s Majesty, and the Prisoner to be tried.

                I  A.B  do swear, That I will duly administer Justice according to the Rules and Articles for the Better Government of His Majesty’s Forces, and according to an Act of Parliament now in force for the punishment of Mutiny and Desertion, and other Crimes therein mentioned, without Partiality, Favour, or Affection; and if Doubt shall arise, which is not explained by the said Articles or Act of Parliament, according to my Conscience, the best of my Understanding, and the Custom of War in the like Cases. And I do further swear, That I will not divulge the Sentence of the Court until it shall be approved by His Majesty, the General,  or Commander in Chief; neither will I upon any Account at any Time whatsoever disclose or discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof, as a Witness, by a Court of Justice in a due Course of Law.

The Judge Advocate to be sworn.

As soon as the said Oath shall be administered to the respective Members, the President of the Court shall administer to the Judge 

Advocate, or the Person officiating as such, an Oath in the following Words:

                I  A.B.  do swear, That I will not, upon any Account, at any Time whatsoever, disclose or Discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof, as a Witness, by a Court of Justice, in a due Course of Law.

Art. VII.

Decency to be observ’d in Courts, and the youngest to give his Vote first.

All the Members of a Court-martial are to behave with Decency; and in the giving of their Votes, are to begin with the Youngest.

Art. VIII.

Rules to be observ’d in the Proceedings of a General Court-martial.

All Persons who give Evidence before a General Court-martial, are to be examin’d upon Oath; nor shall any Sentence of Death be given against any Offender by any General Court-martial, unless Nine Officers present shall concur therein: And if there be more than Thirteen, the the Judgement shall pass by the Concurrence of Two Thirds of the Officers present.

Art. IX.

Rules to be observ’d in the Trial of Field Officers.

No Field Officer shall be try’d 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 of Three in the Afternoon; except in Cases which require an immediate Example.

Art. X.

Rules to be observ’d before Execution of the Sentence of a General Court-martial.

No Sentence of a General Court-martial shall be put in Execution, till after a Report shall be made of the whole Proceedings to Us, or to Our General or Commander in Chief, and Our or his Directions shall be signified thereupon; excepting in Ireland, where the Report is to be made to the Lord Lieutenant, and to Our Chief Governor or Governors of that Kingdom, and his or their Directions be reciev’d thereupon.

Art. XI.

Rules to be observ’d in composing  the Members of Courts-martial.

For the more equitable Decision of Disputes, which may arise between Officers and Soldiers belonging to different Corps, whether they be of Our Troops, or Regiments of Horse Guards, Our Three Regiments of Foot Guards, or Our other Regiments of Horse or Foot, We direct, That the Courts-martial shall be equally composed of Officers belonging to the

Corps in which the Parties in Question do then serve; and that the Presidents shall be taken by Turns, beginning with that Corps which shall be eldest in Rank.

Art. XII.

Every Regiment may hold a Regimental Court-martial for Trial of lesser Offences.

The Commission’d Officers of every Regiment may, by the Appointment of their Colonel or commanding Officer, hold Regimental Courts-martial for the enquiring into such disputes, or Criminal Matters, as may come before them, and for the inflicting corporal Punishment for small Offences, and shall give Judgement by the Majority of Voices but no Sentence shall be executed till the Commanding Officer (not being a Member of the Court-martial) or the Governor of the Garrison shall have confirm’d the same.

Art. XIII.

Rules to be observ’d in Regimental Courts-martial.

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 the Court-martial.

Art. XIV.

Officers commanding in Forts, or Barracks, may appoint Regimental Courts-martial.

Every Officer commanding in any of Our Forts, Castles, or Barracks, 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 confirm’d by the said Commanding Officer.

Art. XV.

No Commission’d Officer may be cashier’d, but by Order of His Majesty; or by a General Court-martial.

No Commission’d Officer shall be cashier’d or dismissed from Our Service, excepting by an Order from Us, or by the Sentence of a General Court-martial, approved by Us, or by such General or Commander in Chief, who shall by Our Authority appoint the same to be held; but Non-commission’d Officers may be discharg’d as Private Soldiers, and may, by the Order of the Colonel of the Regimental Court-martial, be reduced to Private Centinels.

 Art. XVI.

The Penalty of menacing Words, Gestures, or Disturbance, before a Court-martial.

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 punish’d at the Discretion of the said Court-martial.

Art. XVII.

How a Commanding Officer is to proceed when an Officer is put in Arrest, or a Soldier committed to Custody.

To the end that Offenders may be brought to Justice, We hereby direct, That 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-commission’d Officer or Soldier, be imprion’d till he shall be either tried by a Court-martial, or shall be lawfully discharg’d by a proper Authority.

Art. XVIII.

The Time limited for Confinement.

No Officer or Soldier who shall be put in Arrest, or imprison’d shall continue in his Confinement more than Eight Days, or till such Time as a Court-martial can be conveniently assembled.

Art. XIX.

Officer of the Guard, or Provost-martial, to receive Prisoners.

No Officer commanding a Guard, or Provost-martial, shall refuse 

to receive, or keep any Prisoner committed to his Charge, by any Officer belonging to Our 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 charg’s.

Art. XX.

The Penalty if an Officer, or Provost-martial, release a Prisoner without Orders.

No Officer commanding a Guard, nor 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 punish’d for it by the Sentence of a Court-martial.

Art. XXI.

Prisoners Names and Crimes to be return’d within 24 hours.

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 fromhis Guard, to give in Writing to the Colonel of the Regiment to whom the Prisoner belongs (where the Prisoner is confin’d 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, their Crimes, and the Disobedience or Neglect, at the Discretion of a Court-martial.

Art. XXII.

The Penalty if an Officer break his Arrest.

And if any Officer under Arrest shall leave his Confinement, before he is set at Liberty by the Officer who confin’d him, or by a superior Power, he shall be cashier’d for it.

Art. XVI.

Officers convicted of ill Behavior to be cashier’d.

Whatsoever Commission’d 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 discharg’d from Our Service.

SECT. XVI. Entry of Commissions.

All Commissions to be enter’d.

All Commissions granted by Us,or by any of Our Generals having Authority from Us, shall be enter’d in the Books of Our Secretary at War, and Commissary General, otherwise they will not be allow’d of at the Musters.

SECT. XVII. Effects of the Dead.

Art. I.

The Major to take care of an Officer’s Effects when he dies; 

When any Commission’d Officer shall happen to die, or be killed in Our Service, the Major of the Regiment, or the Officer doing the Major’s Duty in his Absence, shall immediately secure all his Effects or Equipage the in Camp or in Quarters; and shall before the next Regimental Court-martial make an Inventory thereof, to the end that his Executors may, after the Payment of his Debts in Quarters, and Interment, receive the Overplus, if any be, to his or their Use.

Art. II.

and the Commanding Officer, of any Private Man’s Effects.

When any Non-commission’d Officer or Private Soldier shall happen to die, or to be killed in Our Service, the Commanding Officer of the Troop or Company shall, in the Presence of Two other Commission’d Officers, take an Account of whatever Effects he dies possess’d of, above his Regimental Clothing, Arms, and Accoutrements; which said Effects are to be accounted for to his lawful Heirs, as is above directed.

SECT. XVIII. Artillery.

Art. I.

These Rules to be observ’d by the Officers and others of the Trains of Artillery.

All Officers, Conductors, Gunners, Matrosses, Drivers, or any other Persons whatsoever receiving Pay or Hire in the service of Our Artillery, shall be govern’d by the aforesaid Rules or Articles, and shall be subject to be try’d by Courts-martials, in like Manner with the Officers and Soldiers of Our other Troops.

Art. II.

Courts-martials to be held by them.

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 Number sufficient 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 Our other Corps, taking their Rank according to the Dates of their respective Commissions, and not otherwise.

SECT. XIX. American Troops.

Art. I.

Troops raised in America, when acting in Conjunction with British Forces, to be governed by these Articles.

The Officers and Soldiers of any Troops which are or shall be raised in America, being mustered and in Pay, shall, at all Times, and in all Places, when joined, or Acting in Conjunction with Our British Forces, be governed by these Rules or Articles of War, and shall be subject to be tried by Courts-martial in like manner with the Officers and Soldiers of Our British Troops.

​deliver up to Civil Magistrate all such Persons under his Command who shall be accus’d of any Crimes which are punishable by the known Laws of the Land; yet in Our Garrison of Gibraltar, Island of Minocra, Forts of Placentia and Annapolis Royal, where Our Forces now are, or in any Place beyond the Seas, to which any of Our  Troops are or may be hereafter commanded, and where there is no Form of Our Civil Judicature in Force, the Generals or Governors, or Commanders respectively, are to appoint General Courts-martial to be held, who are to try all Persons guilty of Wilful Murder, Theft, Robbery, Rapes, Coining, or Clipping the Coin of Great Britain, or of any Foreign Coin current in the Country or Garrison, and all other Capital Crimes, or other Offences, and punish Offenders with Death, or other wise, as the Nature of their Crimes shall deserve. All Crimes not Capital, and all Disorders, or Neglects, which Officers and Soldiers may be guilty of, to the Prejudice of good Order and Military Discipline (though not mention’d in the above Articles of War) are to be taken Cognizance of by a Court-martial, and to be punish’d at their Discretion.

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