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 Massachusetts forces, in order to obtain justice, who is hereby required to examine into the complaint and see that justice be done.

ART. 13. If any inferior officer or soldier shall think himself wronged 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 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 groundless, the person so appealing shall be punished at the discretion of a general court martial. ART 14. 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 provisions, 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. 15. All non commissioned officers or 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. 16. No officer or soldier shall lie out of his quarters, or camp, without leave from the commanding officer of the regiment, upon penalty of being punished, according to the nature of his offence, by order of a regimental court martial.

ART. 17. Every non commissioned officer and soldier shall retire to his quarters, or tent, at the beating the retreat; in default of which, he shall be punished, according to the nature of his offence, by order of the commanding officer.

ART. 18. No officer, non commissioned officer, or soldier, shall fail of repairing, at the time fixed, to the place of parade, of 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. 19. Whatsoever commissioned officer shall be found drunk upon his guard, party, or other duty under arms, shall be cashiered for it; any non commissioned officer or soldier so offending, shall suffer such punishment as shall be ordered by the sentence of a regimental court martial.

ART. 20. Whatever 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. 21. Any person belonging to the Massachusetts army, who, by discharging of fire-arms, beating of drums, or by any other means whatever, shall occasion false alarms in camp or in quarters, shall suffer such punishment as shall be ordered by the sentence of a general court martial.

ART. 22. Any officer or soldier who shall, without urgent necessity, or without leave of his superior officer, quit his platoon or division, shall be punished, according to the nature of his offence, by the sentence of a regimental court martial.

ART. 23. 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 Massachusetts 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. 24. Whatever 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. 25. Any person belonging to the Massachusetts army, who shall make known the watchword to any person, who is not entitled to receive it according to the rules and discipline of war, or shall presume to give a parol or watchword different from what he received, shall suffer death, or such other punishment as shall be ordered by a general court martial.

ART. 26. Whosoever, belonging to the Massachusetts army, shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor and protect an enemy, shall suffer such punishment, as, by a general court martial, shall be ordered.

ART. 27. Whosoever, belonging to the Massachusetts army, shall be convicted of holding correspondence with, or giving intelligence to

the enemy, either directly or indirectly, shall suffer such punishment as, by a general court martial, shall be ordered.

ART. 28. All public stores, taken in the enemy's camp, whether of artillery, ammunition, clothing, or provisions, shall be secured for the use of the Massachusetts colony.

ART. 29. 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. 30. If any commander of any post, entrenchment 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 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. 31. All sutlers and retailers to a camp, and all persons whatsoever serving with the Massachusetts army, in the field, though not ||'enlisted|| soldiers, are to be subject to the articles, rules and regulations of the Massachusetts army.

ART. 32. No general court martial shall consist of a less number than thirteen, none of which shall be under the degree of a field 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. 33. 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. 34. All the members of a court martial are to behave with calmness, decency and impartiality; and in the giving of their votes, are to begin with the youngest, or lowest in commission.

ART. 35. No field officer shall be tried by any person under the degree of a captain; nor shall any proceeding 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.

ART. 36. The commissioned officers of every regiment may, by the appointment of their colonel or commanding officer, hold regimental

a sellers.||

b ||entitled.

c ||rank.||

courts martial for the inquiring into such disputes or criminal matters as may come before them, and for the 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.

ART. 37. No regimental court martial shall consist of less than five officers, excepting in cases when that number cannot be conveniently. assembled, when three may be sufficient: who are likewise to determine upon the sentence, by the majority of voices; which sentence is to be confirmed by the commanding officer, not being a member of the court martial.

ART. 38. Any officer commanding in 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 confirmed by the said commanding officer.

ART. 39. 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 proceeding, on penalty of being punished at the discretion of said court martial.

ART. 40. 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. 41. 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. 42. 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 the Massachusetts forces; which officer shall, [with the prisoner] at the same time, deliver an account in writing, signed by himself, of the crimes with which the said prisoner is charged.

ART. 43. 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.

ART. 44. Every officer or provost martial, to whose charge prisoners shall be committed, is hereby required, within twenty-four hours of such confinement, 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 [where] 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 names of the officers, who committed them, on the penalty of his being punished for his disobedience or neglect at the discretion of a general court martial.

ART. 45. And if any officer under arrest shall leave his confinement before he is set at liberty by the officer who confined him, or by a superior power, he shall be cashiered for it.

ART. 46. Whatsoever commissioned officer shall be convicted before a general court martial, of behaving in a scandalous, infamous manner, such as is unbecoming an officer and a gentleman, shall be discharged from the service.

ART. 47. All officers, conductors, gunners, matrosses, drivers, or any other persons whatever, receiving pay or hire in the service of the Massachusetts 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 Massachusetts troops.

ART. 48. 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 cannot be assembled, or in matters wherein other corps are interested, the officers of artillery shall sit in courts martial with the officers of the other corps.

ART. 49. 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 punishished at their discretion.

ART. 50. No court martial shall order any offender to be whipped or receive more than thirty-nine stripes for any one offence.

ART. 51. 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

a released.

bhis.

с

c [that.]