fore a court-martial, who shall refuse to give evidence, shall be punished for such refusal at the discretion of such courtmartial: The oath to be administered in the following form, viz:

"You swear the evidence you shall give in the case now in hearing, shal! be the truth, the whole truth, and nothing but the truth. So help you God."

LV. Every officer commanding a regiment, troop, or company, shall, upon notice given to him by the commissary of the musters, or from one of his deputies, assemble the regi ment, troop, or company under his command, in the next convenient place for their being mustered.

LVI. Every colonel or other fie'd officer, or officer commanding any corps, to which there is no field officer, and actually residing with it, may give furloughs to non-commissioned officers and soldiers, in such numbers, and for so long a time, as he shall judge to be most consistent with the good of the service; but no non commissioned officer or soldier shall, by leave of his captain, or inferior officer, commanding the troop or company, (his field officer not being present,) be absent above twenty days in six months, nor shall more than two private men be absent at the same time from their troop or company, excepting some extraordinary occasion should require it, of which occasion the field officer present with, and commanding the regiment or independent corps, is to be judge.

LVII. At every muster the commanding officer of each regiment, troop, 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 reasons, and the time of absence, shall be inserted in the muster-rolls, opposite to the respective names of such absentees: The said certificates shall, together with the muster-rolls, be by the said commissary transmitted to the general, and to this or any future congress of the United Colonies, or committee appointed thereby, within twenty days next after such muster being taken; on failure whereof, the commissary so of fending shall be discharged from the service.

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

LIX. Every officer, who shall knowingly make a false muster of man or horse, and every officer or commissary who shall willingly sign, direct, or allow the signing of the mus ter-rolls, wherein such false muster is contained, shall, upon proof made thereof, by two witnesses, before a general courtmartial, be cashiered, and moreover forfeit all such pay as

may be due to him at the time of conviction for such offence. LX. Any commissary who shall be convicted of having taken any gift or gratuity on the mustering any regiment, troop or company, or on the signing the muster-rolls, shall be displaced from his office, and forfeit his pay, as in the preceding aritcle.

LXI. Any officer who shall presume to muster any person as a soldier, who is at other times accustomed to wear a livery, or who does not actually do his duty as a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly.

LXII. Every officer who shall knowingly make a false return to the commander-in-chief of the American forces, or to any his superior officer, authorized to call for such returns, of the state of the regiment, troop, independent company, or garrison under his command, or of arms, ammunition, clothing, or other stores thereunto belonging, shall, by a court-martial, be cashiered.

LXIII. The commanding officer of every regiment, troop, independent company, or garrison, in the service aforesaid, shall, in the beginning of every month, remit to the commander-in-chief of said forces, an exact return of the state of the regiment, troop, independent company, or garrison under his command, specifying the names of the officers not then residing at their posts, and the reason for, and the time of their absence: whoever shall be convicted of having, through neglect or design, omitted the sending such returns, shall be punished according to the nature of his crime, by the judgment of a general court-martial.

LXIV. No sutler shall be permitted to sell any kind of liquors or victuals, or to keep their houses or shops open, for the entertainment of soldiers, after nine at night, or before the beating of the reveilles, or upon Sundays, during divine service or sermon, on the penalty of being dismissed from all future sutling.

LXV. All officers commanding in the camp, or in any forts, barracks, or garrisons, are hereby required to see that the persons permitted to suttle shall supply the soldiers with good and wholesome provisions at a reasonable price, as they shall be answerable for their neglect.

LXVI. No officers commanding in any camp, garrisons, forts, or barracks, shall either themselves exact exorbitant prices for houses or stalls let out to sutlers, or shall connive at the like exactions in others, nor lay any duty or impositions upon, or be interested in the sale of such victuals, liquors, or other necessaries of life, which are brought into the camp, garrison, fort or barracks, for the use of the soldiers, on the penalty of being discharged from the service.

LXVII. That the general, or commander-in-chief for the time being, shall have full power of pardoning, or mitigating

any of the punishments ordered to be inflicted, for any of the offences mentioned in the foregoing articles; and every offender, convicted as aforesaid, by any regimental court-martial, may be pardoned, or have his punishment mitigated by the colonel or officer commanding the regiment.

LXVIII. When any commissioned officer shall happen to die, or be killed in the service of the United Colonies, the major of the regiment, or the officer doing the major's duty in his absence, shall immediately secure all his effects or equipage, then in camp or quarters; and shall, before the next regimental court martial, make an inventory thereof, and forthwith transmit to the office of the secretary of the congress, or assembly of the province in which the corps is stationed or shall happen to be at the time of the death of such officer; 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.

LXIX. When any non-commissioned officer or private soldier, shall happen to die, or be killed in the service of the United Colonies, the then commanding officer of the troop or company, shall, in the presence of two other commissioned officers, take an account of whatever effects he dies possessed of, and transmit the same, as in the case above provided for, in order that the same may be secured for, and paid to their respective representatives.

IN CONGRESS-November 7, 1775.

Resolved, That the following additions and alterations or amendments, be made in the RULES and REGULATIONS of the continental army.

I. All persons convicted of holding a treacherous correspondence with, or giving intelligence to the enemy, shall suffer death, or such other punishment as a general courtmartial shall think proper.

II. All commissioned officers found guilty by a general court-martial of any fraud or embezzlement, shall forfeit all his pay, be ipso facto cashiered, and deemed unfit for far

ther service as an officer.

III. Ail non-commissioned officers and soldiers, convicted before a regimental court-martial of stealing, embezzling or destroying ammunition, provision, tools, or any thing belonging to the public stores, if a non-commissioned officer, to be reduced to the ranks, and punished with whipping, not less than fifteen, nor more than thirty-nine lashes, at the discretion of the court-martial; if a private soldier with the same corporeal punishment.

IV. In all cases where a commissioned officer is cashiered

for cowardice or fraud, it be added in the punishment, that the crime, name, place of abode, and punishment of the delinquent be published in the newspapers, in and about the camp, and of that colony from which the offender came, or usually resides: after which it shall be deemed scandalous in any officer to associate with him.

V. Any officer or soldier,who shall begin, excite, cause, or join in any mutiny or sedition in the regiment, troop, or company to which he belongs, or in any other regiment, troop, or company of the continental forces, either by land or sea, or in any party, post, detachment or guard, on any pretence whatsoever, shall suffer death, or such other punishment, as a general court-martial shall direct.

VI. Any officer or soldier, who shall desert to the enemy, and afterwards be taken, shall suffer death, or such other punishment, as a general court-martial shall direct.

VII. Whatsoever commissioned officer shall be found drunk on his guard, party, or other duty under arms, shall be cashiered and drummed out of the army with infamy; any non-commissioned officer or soldier, so offending, shall be sentenced to be whipt, not less than twenty, nor more than thirty-nine lashes, according to the nature of the offence.

VIII. Whatsoever officer or soldier, placed as a sentinel, shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, if a commissioned officer, shall be cashiered, and drummed out of the army with infamy; if a non-commissioned officer or soldier, shall be sentenced to be whipt, not less than twenty, nor more than thirty-nine lashes, according to the nature of the offence.

IX. No officer or soldier shall lie out of his quarters or camp, without leave from the commanding officer of the regiment, upon penalty, if an officer, of being mulcted one month's pay for the first offence, and cashiered for the second; if a non-commissioned officer or soldier, of being confined seven days on bread and water for the first offence; and the same punishment and a forfeiture of a week's pay for the second.

X. Whatsoever officer or soldier shall misbehave himself before the enemy, or shamefully abandon any post committed to his charge, or shall speak words inducing others to do the like, shall suffer death.

XI. All public stores taken in the enemy's camp or magazines, whether of artillery, ammunition, clothing, or provisions, shall be secured for the use of the United Colonies: and all commissioned officers, found guilty, by general courtmartial, of embezzling the same, or any of them, shall forfeit all his pay, be ipso facto cashiered, and deemed unfit for farther service as an officer. And all non-commissioned officers and soldiers, convicted before a regimental court-martial of stealing or embezzling the same, if a non-commis

sioned officer, shall be reduced to the ranks, and punished with whipping, not less than fifteen, nor more than thirtynine lashes, at the discretion of the court-martial; if a private soldier, with the same punishment.

XII. If any officer or soldier, shall leave his post or colors, in time of an engagement, to go in search of plunder, he shall, if a commissioned officer, be cashiered, and drummed out of the army with infamy, and forfeit all share of plunder; if a non-commissioned officer or soldier, be whipped, not less than twenty, nor more than thirty-nine lashes, according to the nature of the offence, and forfeit all share of the plunder taken from the enemy.

XIII. Every officer commanding a regiment, troop, or company, shall, upon notice given to him by the commissary of the musters, or from one of his deputies, assemble the regiment, troop, or company under his command, in the next convenient place for their being mustered, on penalty of his being cashiered, and mulcted of his pay.

XIV. At every muster, the commanding officer of each re'giment, troop, or company there present, shall give to the commissary of musters, certificates signed by himself, signi fying how long such officers, non-commissioned officers and soldiers, who shall not appear at the said muster, have been absent, and the reason of their absence, which reasons and the time of absence, shall be inserted in the muster rolls, opposite the names of such absentees: and the surgeons or their mates, shall at the same time give to the commissary of mus ters a certificate signed by them, signifying the state of health or sickness of those under their care, and the said certificate shall, together with the muster rolls, be by the said commissary transmitted to the general, and to this or any future congress of the United Colonies, or committee ap pointed thereby, within twenty days next after such muster being taken, on failure whereof, the commissary so offending, shall be discharged from the service.

XV. Every officer who shall be convicted before a general court-martial, of having signed a false certificate, relating to the absence of either officer, non-commissioned officer, or private soldier; and every surgeon or mate, convicted of signing a false certificate, relating to the health or sickness of those under his care, shall be cashiered.

XVI. All officers and soldiers who shall wilfully, or through negligence, disobey any general or special orders, shall be punished at the discretion of a regimental court-martial, where the offence is against a regimental order; and at the discretion of a general court-martial, where the offence is against an order given from the commander-in-chief, or the commanding officer of any detachment or post, and such general court-martial can be had.