The Oath of Fidelity to be taken by every Officer or Soldier in the Army.

I A. B. Do swear to be true and faith­ful to my Soveraign Lord King [Page 6]JAMES, and to His Heirs and lawful Successors, and to be obedient in all things, to his General, Lieutenant-General, or Commander in Chief of His Forces for the time being, and will behave my self obedi­ently towards my superior Officers, in all they shall command me for His Majesties service: And I do further swear, That I will be a true, faithful and obedient servant and Soldier, every way performing my best endeavours for His Majesties service, obey­ing all Orders, and submitting to all such Rules and Articles of War, as are, or shall be Established by His Majesty: And I do likewise swear, That I believe that it is not lawful upon any pretence whatsoever to take up Arms against the KING; And that I do abhor that traiterous Position of taking Arms by His Authority against his Person, or against those that are Com­missionated by Him. So Help me GOD.

7. No Officer, or Soldier, shall use any Traiterous words against the Sacred Person of the KING's most Excellent Majesty, upon pain of Death.

8. Whoever shall hold Correspon­dence with any Enemy of His Majesty, [Page 7]or Rebel, or shal give them advice or in­telligence, either by Letters, Messages, Signs or Tokens, or any manner of way whatsoever, shall suffer Death for it. And whatever Regiment, Troop or Company, shall Treat with such Ene­my or Rebel, or enter into any Con­dition with them, without leave from His Majesty, His General, or the Of­ficer in Chief for the time being: The Officers of such Regiment, Troop or Company, who shall be found guilty, shal die for it; and of the Soldiers who shall consent thereunto, every Tenth­man by Lot shall be hanged, and the [...]est shall be punished at the discretion of the General or Commander in Chief. But all such Officers or Soldiers as can prove, that they did their outmost to Resist and avoid such a Treaty, and were no ways partakers of the Crime, shall not only go free; but also be rewarded for their Constancy and fidelity.

9 Whoever shall go about to entice [...]or perswade either Officer or Soldier to joyn or engage in any Traiterous or re­bellious Acts, either against His Maje­sty [Page 8]or Kingly Government, shall suffer Death for it. And whoever shall not reveal to his Superior Officer, such a Conspiracy or intended Rebellion, so soon as ever it shall come to his knowledge, shall be judged equally guilty with the Contrivers of such a Plot or Conspiracy, and consequently shall suffer the same penalty.

10. If any Officer or Soldier shall behave himself disrespectfully towards the General, Lieutenant General, or other Chief Commander of the Army, or speak words tending to his hurt, or dishonour, he shall die for it.

11. Whosoever in presence of the General, Lieutenant-General, or other Commander in Chief, shall draw his Sword, with a purpose to do any Of­ficer, or any of his fellow Soldiers a mischief, shall die for it.

12. Such respect and obedience as is due to the General, or other Chief Of­ficer from these under his Command, shal be likewise given to all Superior Of­ficers, from their Inferiors, under the like penalty.

13. Whosoever shall presume know­ingly, To violat any Safe-guard, Con­duct or Protection, given by His Ma­jesty, the General, Lieutenant-General, or other Commander in Chief of the Forces, shall suffer Death.

14. If any number of Soldiers shall presume to assemble in order to take Counsel among themselves, for the de­manding their Pay, any inferior Officers accessory thereunto shall suffer Death for it, as the Heads and Ring-leaders of such mutinous and seditious meetings, And if any Captain being privy thereunto, shall not suppress the same, or com­plain of it, he shall likewise be punish­ed with Death.

15. No Officer or Soldier shall utter any words tending to sedition, muti­ny or uproar, upon pain of Death, or suffering such punishments as shall be in­flicted upon him by a Court-Martial; and whoever shall hear any mutinous or seditious words spoken, and shall not with all diligence possible, reveal the same to his Superior Officers or Com­manders, shall be punished, as a Court Martial shall think fit.

16. If any inferior Officer or Sol­dier shall refuse to obey his Superior Of­ficer, or quarrel with him, he shall be Casheered, but if any shall presume to resist any Officer in the Execution of his Office, or shall strike, or lift up his hand to strike, or shall draw, or offer to draw his sword, or lift up any weapon against his Superior Officer, upon any pretence whatsoever, he shall suffer Death.

17. Every Soldier shall keep silence when the Army is Marching, Embattel­ing or taking up their Quarters (to the end that their Officers may be heard, and their Orders Executed) upon pain of Imprisonment, at the discretion of the Officers.

18. Whosoever shall in anger draw his Sword, whilst his Colours are flee­ing, either in Battel, or upon a March, unless it be against the Enemy, shall run the Goad-loup.

19. When any March is to be made, every man who is sworn to his Colours, shall follow them; and whoever shall without leave stay behind, or depart a­bove a mile from the Camp, or out of [Page 11]the Army without licence, shall march [...]n Irons for such time as shall be thought [...]it.

20. When the Army or any part of [...]hem, shall march through, or lodge [...]n the Countrey, none of them shall [...]xtort free-Quarter, or money from [...]hem, or shall commit any waste or [...]poil, or cut down Fruit-trees or Plants, [...]eface Walks of Trees, Parks, War­ [...]ens, Fish-ponds, Houses or Gardens, [...]ead down or otherwise destroy stand­ [...]ng Corn in the Ear; neither shall they [...]ut their Horses into Meadows without [...]eave from their Chief-officer, upon pain of severe Punishment: But if any Officer or Soldier shall wilfully burn any House, Barn, Stack of Corn, Hay or Straw, or any Ship, Boat or Carri­age, or any thing which may serve for the Provision of the Army, without [...]eave from the Commander in Chief, he [...]hall suffer Death for it.

21. When the Army or any part [...]hereof shall come to engadge the Ene­my in Fight, whoever shall run from his Colours (be he native, or stranger) or doth not defend them to the outmost [Page 12]of his power, so long as they are in dan­ger shall suffer Death for it; and who­soever shall at any other time run away from his Colours, shall suffer Death.

22. If any Regiment or Commanded Party shall not behave themselves in Fight against an Enemy, as they ought to do, they shall either die, or be put out of the Quarters, until by a notable Act they redeem their honour.

23. When it shall please God, that the Enemy is beaten, every man shall follow his Officer in the Chase: But whosoever shall presume to Pilladge or Plunder, until the Enemy be intirely beaten, and any mis-fortune happen, he shall suffer death, or such other punish­ment, as shall be pronounced against him by the General Court-martial; and the Pilladge so gotten shall be forefeited to the use of the sick and maimed Sol­diers.

24. When any Town or place shall be taken (thaugh by assault) no man shall presume to Pilladge any Church or Hospital without leave, much less to set fire to any Church, Hospital, School or Miln; neither shall they offer vio­lence [Page 13]to any Church-men, aged men, or women, maids or children, unless they be found actually in Arms against them, upon pain of Death; and whosoever shall Force a woman to abuse her (whe­ther belonging to the Enemy or not) and the Fact be sufficiently proved a­gainst him, he shall certainly suffer death for it.

25. In what place soever it shall please God, that the Enemy shall be subdued and overcome; all the Ordnance, Am­munition and Victuals that shall be there found, shall be secured for His Maje­sties use, and for the better Relief of the Army; and one Tenth part of all the spoil shall be set a-part towards the re­life of the sick and maimed Soldiers.

26. Whosoever shall take any Gene­ral Officers as Prisoners, they shall pre­sent them to His Majesty, the General, or the Officer in Chief Commanding the Forces, who will reward them for their service; And whosoever shall take any other Prisoner, may keep to them­selves the Officers and Voluntiers, giv­ing their names to the Marshal-Gene­ral; but shall not put them to Ran­som, [Page 14]without leave from His Majesty, or the Officer in Chief: And all pri­vat Soldiers so taken Prisoners, are im­mediatly to be sent to the Marshal-Ge­neral, who is to take them into his Cu­stody.

27. If any Soldier shall be drunk in the Enemies Quarters, before they have wholly laid down their Arms, and yielded to Mercy, and any hurt, or mischief ensue thereupon, he shall be punished according to the preju [...]ice, if it be general; or with Irons, Bread and Water, if no hurt ensue.

28. All Officers whose charge it is, shall see the Quarters keeped clean and neat, upon pain of severe punish­ment.

29. No Officer shall ly out all night from the Camp or Quarters, without his Superior Officers leave obtained for the same, upon pain of being punish­ed for it, as a Court-Martial shall think fit; Neither shall any Soldier or Offi­cer go any by-way to the Camp, other than the common way laid out by Or­der, upon pain of being punished as a­foresaid.

But if any Officer shall without leave be absent from his Quarters a Week, he shall lose one Moneths Pay, and if longer, he shall be discharged from his Command and Place, as a man unfit to bear Office in the Ar­my.

30. No Soldier shall presume to make any Alarm in the Quarters, by shooting of his Musket in the night, after the Watch is set, unless it be at an Enemy, upon pain of Death.

31. No Soldier shall in anger draw his Sword in any Camp, Post or Gari­son, upon pain of Death.

32. After warning is given for set­ting the Watch by beat of Drum, or sound of Trumpet or Fife, if any Soldier shall absent himself without a reasonable cause, he shall be punished by ryding a Wooden-horse, or otherwise at the dis­cretion of the Commander.

And whatever Soldier shall fail at the beating of a Drum, or sound of a Trum­pet or Fife, or upon any Alarm gi­ven to repair to his Colours, with his Arms decently keeped, and well fixed (unless there be an evident necessity to [Page 16]hinder him from it) he shall be clapt in Irons for it, or suffer such other pu­nishment, as a Court-Martial shall think fit.

33. Whoever makes known the Watch-word, without Order, or gives any other Word, but what is given by the Officer, shall suffer Death.

34. A Centinel, who is found sleep­ing, in any Post, Garison, Trench, or other place (while he should be upon his Duty) shall suffer Death, or such o­ther punishment, as the Court-Martial shall inflict.

And if a Centinel or Perdew, shall forsake his place before he be releaved, or drawn off; or upon discovery of an Enemy, shall not give warning to his Quarters, according to direction, he shall suffer Death, or such other punish­ment, as a Court-Martial shall think fit.

And likewise, if any Soldier em­ployed as a Scout, shall not go upon that Service, so far as he is Command­ed, or having discovered an Ambush, or approach of the Enemy, shall not re­turn forthwith to give notice of it, or [Page 17]warning to his Quarters; or if he enter into any house, and there, or else where be found sleeping, or drunk, whilst he should be upon Duty, he shal suffer Death.

35. Whosoever shall do violence to any who shall bring Victuals to the Camp, or Garison, or shall take his Horse, or Goods shall suffer Death, or such other punishment, as he shall be sentenced to by a Court-Marshal.

If any presume to abuse, or beat his Host, or the Wife, Child, or Servant of his Host, where he is quartered, or billetted, he shall be put in Irons for it; and if he do it a second time, he shall be further punished, and the party wrong­ed shall have amends made him; And if any presume to exact free quarter with­out leave from the Chief-Officer upon the place, they shall be severly punished at the discretion of a Court-Marshal.

36. No Soldier, or Officer shal use any reproachful, or provocking speech or act to another, upon pain of Impri­sonment, and such other Punishment as a Court-Marshal shall think fit.

Nor shall any Soldier, or Officer pre­sume [Page 18]to send a Challenge to any other Officer or Soldier, to fight a Duel; neither shall any Soldier, or Officer pre­sume to up-braid another for refusing a Challenge; And whosoever shall offend in either of these Cases; if he be an Of­ficers, he shall loss his Place, and Com­mand, whatever it be; and if a privat Soldier, he shall ryde the Wooden-Horse, and be further punished, as a Court-Marshal shall think fit: And if any Corporal, or other Officer, Com­manding a Guard, shall willingly or knowingly suffer either Soldiers or Of­ficers, to go forth to a Duel, or privat Fight, he shall be punished for it by the sentence of a Court-Marshal.

And forasmuch, as all Officers of what Condition soever, have power to Part and Quell all Quarrells, Frays, and sud­dain Disorders, between Soldiers, and Offi­cers, though of another Company, Troop or Regiment; and to commit the disorder­ly Persons to Prison, until their proper Officers be acquainted therewith; Who­ever shall resist such an Officer (though of another Company, Troop, or Regi­ment) or draw his Sword upon him, [Page 19]shall be severly punished, as a Court-Marshal shall appoint.

But if two, or more going into the Field to fight a Duel shall draw their Swords, or other Weapons, though nei­ther of them fall upon the Spot, nor die afterwards of any Wound there receiv­ed; yet if they be Officers, they shall loss their Places; and if common Soldi­ers, they shall be punished with ryding the Wooden-horse, or otherwise, as a Court-Marshal shall direct. And lastly, in all Cases of Duels, the Seconds shal be taken as Principalls, and punished ac­cordingly.

37 None shall be Mustered, but such as are compleatly Armed, viz. Each Hors-man shall have for his defensive Arms, Back, Breast and Pot; and for his offensive Arms, a Sword not under three foot long in the Blade, and a Case of Pistols, the Barrels whereof not to be under 14. inches in length; and each Trooper of the Guards is to have a Car­rabyne, beside the aforsaid Arms. And the Foot to have each Soldier, a Sword, or Dagger for their Muskets; and each Pik-man, a Pike of sixteen foot long, [Page 20]and not under, and each Musquetier a Musquet with a Collar of Bandeliers, the Barrel of which Musquet to be about four foot long, and to contain a Bullet, 14 of which shall make a pound, run­ning into the Barrel.

If any borrow Arms of another to pass the Muster withall; the Lender, if he be a Soldier, shall forfeit the value of the Arms so lent, to be taken out of his pay; and the borrower shall be severly punished.

38 None shall be allowed upon the Muster, who, by loss of Limbs, or other­wise is unfit for service, but by Order from His Majesty, or the Commander in Chief of the Forces.

39. No House-keeper, or Inhabitant in the vsual Quarters of His Majesties Guards of Horse or Foot, or in the vsual Quarters of any other Regiment or Ga­rison, shall be received or intertained in His Majesties Service, or pay, and Mu­stered as a privat Soldier without order from His Majesty, or the Commander in Chief of the Forces, nor shall any Officer demand, or receive directly, or indirectly any sum of money whatsoe­ver [Page 21]from any under his Command, for admitting and entertaining him in his Troop, Company, or Garison, upon pain of being Cashiered, or rendered incapable of being employed again in Army.

40. No Captain of a Troop, or Com­pany shall upon pain of being render­ed uncapable of ever serving in His Majesties Armies, be allowed to Mu­ster any Servants in his Troop, or Com­pany; but these who are not only able, and fit for service, but also are bound by oath and pay to follow the Troop, or Company, and who duly and con­stantly appear in proper Arms at every Muster unless they have leave to be ab­sent, which is not to be granted, but upon a real and necessary occasion; And whosoever shall present himself, or his horse in the Muster, to mislead the Muster-Master, or defraud His Majesty, shall suffer such punishment, as a Court-Marshal shall think fit.

41. No man shall presume to present himself to the Muster-Master to be en­rolled in the Muster-Rolls by a Coun­terfeit, or wrong Name, or Sir-name, or [Page 22]of Birth or Habitation, upon pain of running the Goad-loup, if he be a Foot-man; or for faulting his Horse and Arms, if he a Horse-man.

42 If any Lieutennant, Cornet or Ensign shall discover, and make proof to a General Officer, or Collonel, that his Captain hes made false Musters, the said Captain shall be Cashiered, and the Lieutennant, or Ensign discovering as aforsaid shall have the place of his Cap­tain; and if Sergeant or Corporal shal discover, and make proof of false Mu­sters, as aforsaid, he shal have for each time the sum of Five hundreth Merks Scots Money, payable by the Pay-Ma­ster, at the first Muster immediatly fol­lowing the discovery so made. But, if upon Examination, his Accusation shall be found False and Malicious, in that case he shall be immediatly Ca­shiered, and suffer such further punish­ment, as shall be judged fit by a Court-Martial.

43. If any Soldier shal be sick, wound­ed or maimed in His Majesties service, he shall be sent out of the Camp, or Quarters, to some fit place for his reco­very, [Page 23]where he shall be provided for by the Officer appointed to take care of the sick and wounded Soldiers, and his wages or pay shall go on, and be duly payed, untill it doth appear, that he can be no longer serviceable in His Majesties Armies, and then he shall be sent by Pass to his Countrey, with money to bear his charges in his travel, or be otherwise provided for, as his case shal require.

44. All Captains shall use their out­most endeavours to have their Troops and Companies compleat, and full: And within two days after every General Muster, both the Captain, and the Muster-Master, shall send to the Com­mander in Chief of the Forces (if he requires it) and to the Treasurer, or Pay-Master of the Army, a perfeit List and Roll of all the Officers, Troopers and Soldiers of their Troops and Com­panies that are in actual service, punctu­ally expressing at the foot of the Rolls what new Officers, Troops and Soldiers have been intertained since the preceed­ing Muster, in lieu of such as have been Cashiered, or are Deceased, with the [Page 24]day when the one died, or went off, and the other intertained in his place.

45. All Commissions granted by His Majesty, the General or Commander in Chief of His Majesties Forces to any Officier in Pay, shall be brought to the Commissary of the Musters, and Secre­tary at War, who are to receive and enter the famine in a Book fairly writ­ten; and no Commission-Officer shall be allowed in Muster without a Com­mission from His Majesty, or the Com­mander in Chief for the time being, and the same entered with the Commissary General of the Musters, or his Deputies, and Secretary at War.

46. No Commission-Officer after in­rolment, and being Mustered, shall be Dismissed or Cashiered without order from His Majesty, or the Commander in Chief: But for Non-commission Offi­cers, or private Soldiers, their Cap­tains with approbation of their Col­lonells, or of the Governour of the Ga­rison, where they are, may discharge them, when they find cause; taking other Non-commission Officers, or Sol­diers in their places; Provyded that such [Page 25]Colonell or Governour shall forthwith certifie the Muster-Master, that by their approbation, such Non-Commission-Officers, or Soldiers were discharged, and others taken in their places respec­tively; And in Quarters, and Garisons where there are only single Troops, or Companies, the Captains Certificats are forthwith to be sent, and accepted by the Muster-Master, expressing the day of each Non-Commission-Officers or Sol­diers Discharge, or Death, and who was entertained in his place.

47. No Soldiers Duty either of Horse or Foot, shall be done by any o­ther then the Soldier himself; but in case of Sicknesse and Disability, and o­ther necessary cause, his Captain may dispense with his absence, without caus­ing him to find another to serve in his stead.

48. The Muster-Master shall always (the night before) give notice to the Officer in Chief, commanding any Re­giment, Troop, Company, or Garison, of the time and place for their Musters, that so the Officers and Soldiers may have time to make ready for their Mu­ster; [Page 26]and upon every Muster, three Muster-Rolls are to be prepared of the respective Troops and Companies. In Which Rolls the names of all privat Soldiers are to be written Alphabetical­ly, one of which Rolls is to be in parch­ment, for the Pay-Master, and to be subscribed; as also another Roll, which the Muster-Master is to keep, by two Commission-Officers at the least of the respective Troops and Companies, to­gether with the Muster-Master; and the third Muster-Roll is to be sub­scribed only by the Muster-Master, which the Officer is to keep; and no Rolls are to be allowed by the Muster-Master, and Pay-Master otherwise, than as His Majestie hes herein, or other­wise directed; and the said Muster-Rolls are to be perfected forthwith up­on every Muster.

49. If any Trooper, Dragooner, or Foot-Soldier shall lose or spoil his Horse or Arms, or any part thereof, by negli­gence, or Gaming, he shall remain in the Quality of an Pioner or Scavenger, till he be furnished with as good as were lost, at his own charge; and if he be [Page 27]not otherwise able, the one half of his Pay shall be deducted, and set a-part, for the providing of them, till he be re­furnished.

Neither shall any Soldier pawn or sell, or negligently, or willfully break his Arms, or any part thereof, or any Hatchets, Spade, Shovels, Pick-axes or other Materials of War, upon pain of sever punishment, at the discre­tion of a Court-Martial.

And where any Arms, or other Ma­terials aforsaid shall be pawned or im­bazeled, they shall be forfeited and seized upon, for His Majesties use.

50. All Officers and Soldiers, and al­so the Muster-Masters not duely observ­ing these Articles, and such other Or­ders, as shall be signified to them, shall be Cashiered, or suffer such other pu­nishments, as His Majesty, the Comman­der in Chief of the Forces, or the Court-Martial shall appoint; nor shall any Muster-Master let any pass the Musters, but such as are duely qualified, upon pain of losing his Place.

51. None shall presume to spoil, sell, or convoy away, any Ammunition de­livered [Page 28]unto him, upon pain of suffering Death, or such other punishment, as a Court-Martial shall think fit.

52. No Officer, Provider or Keeper of His Majesties Victuals, or Ammunition for the Forces, shall willingly embazel, or spoil, or give a false account of any part thereof, to whom he is to make his account, upon pain of suffering such Punishment; as a Court-Martial shall think fit.

53. No Commissary, or Victualer shall bring, or furnish the Camp with any unsound, or unsavory Victuals of what kind soever, whereby sickness may grow in the Army, or the Service be hindered; And if, upon examination before a Court-Martial, he shall be found guilty, he shall suffer such pu­nishment as they shall think fit.

54. No Victualer, or seller of Beer, Ale or Wine, belonging to the Army, shall entertain any Soldier in his House, Booth, Tent or Hutt, after the warn­ing-Piece, Tattoe or beat of Drum at night, or before the beating of the Revaillies in the morning, nor shall any Soldier (within that time) be any [Page 29]where, but upon his Duty, or in his Quarters, upon pain of punishment, both of the Soldier, and Entertainer, at the discretion of a Court-Martial.

55. The Commission-Officers of every Regiment may hold a Court Marshal for that Regiment upon any necessary oc­casion: And the Provost-Marshal of every Regiment: As also the Martial of the Troop of Guards, shall have the same Priviledge and Authority, in his own Regiment or Troop, as the Pro­vost-Marshal-General hath in the Army or Camp; and likewise such Fees, as the Court-Martial shall allow.

56. Such as are Judges in any Court-Martial, shall take an oath for the due administration of Justice, according to these Articles; and where no particular Punishment is hereby assigned, accord­ing to their Consciences, the best of their understandings, and the Custom of War in like Cases; and shall Demean themselves orderly, in the hearing of Causes (as becomes the Gravity of such a Court) and before giving of Sen­tence, every Judge shall deliver his Vote and Opinion distinctly, and the [Page 30]Sentence shall be according to the plu­rality of Vots; And if there happen to be an Equality of Votes, the President is to have a casting Vote.

And when the Sentence is to be given, the President shall pronounce it; after which the Provost-Marshal shall have warrant to cause execution to be done, according to the Sentence.

57. At the Courts-Martial, there shal be a Clerk, who is to be sworn, to make true and faithful Records of all the proceedings of that Court; and there shall be also such other Officers appointed, as shal be necessary; And the General Court-Martial may appoint, and limit the Fees of the Provost-Mar­shal-General, as they shall think fit.

58. All Controversies either between Soldiers and their Captains, or other Officers, or between Soldier and Soldi­er, relating to their military Capacities, shall be summarily heard and determin­ed at the next Court-Martial of the Re­giment.

59. In any matter which shall be Adjudged in any of the aforsaid Regi­mental Courts-Martiall, either of the [Page 31]Parties that finds himself aggrieved, may appeal to a Superior Court-Martial, who are to take care, that if the party ap­pealing make not good his suggestion, Recompence be made to the other, for the trouble and charge of such an ap­peal.

60. In all Criminal Causes, which concern the Crown, the Advocat-Ge­neral, or Judge-Advocat of His Ma­jesties Army, shall inform the Court, and prosecute on His Majesties behalf.

61. No Officer, or Soldier shall pre­sum to hinder the Provost-Marshall, his Lieutennants, or Servants in the execu­tion of their Office, upon pain of Death, or such other Punishment, as the Court-Martial shall think fit, But on the con­trary, all Captains, Officers and Soldi­ers shall do their outmost to apprehend, and bring to Punishment all Offen­ders; and shall assist the Officers of the Army, or Regiment for that purpose: Especially the said Provost-Marshal, his Lieutenant, and Servants; and if the Provest-Marshall, or his Officers, require the assistance of any Offi­cer, or Soldier, in apprehending any [Page 32]Person, Declaring to him that it is for a Capital-Crime, and the party escape for want of aid and assistance; the Party, or Parties refusing to aid, or assist, shall suffer such Punishment, as the Court-Martial shall inflict.

62. If any Officer, or Soldier shall presume to draw his Sword in any place of Judicature, while the Court is sitting, he shall be put to Death; And His Majesty doth hereby Authorize the Provost-Marshal General of the Army by his own Authority to apprehend such offenders; And if any Soldier be­ing committed, for any offence, shall break Prison; the said Pro­vost-Marshall-General, shall by his own Authority apprehend him, and the of­fender shall suffer Death, or such other Punishment, as the Court-Martial shall think fit.

63. If any Fray shall happen within the Camp, or place of Garison, in any of the Soldiers Lodgings, or where they meet, it shall be enquired into by the Officers of the Regiment, and the beginners, and the Pursuers thereof punished, according to the quality of the Offence.

64. If any Inferior Officer, either of Horse or Foot, be wronged by his Of­ficer, he may complain to his Colonell, or other Superior Officer of the Regi­ment, who is to redress the same upon due proof made of the wrong done; but if he fail therein, the party aggrieved is to apply to the General-Officer for redress; and if the accusation be false, the Complainer is to suffer such pu­nishment as the Officer should have done; if he had been found guilty.

65. If any Colonell or Captain shall force, or take any thing away from any privat Soldier, such Colonell or Captain shall be punished, according to the quality of the Offence, by the Judgement of a Court-Martial; but if a Soldier shall be wronged, and shall not appeal to the Court, or his Supe­rior Commanders, but take his own satisfaction for it, he shall be punished by the Judgement of a Court-Mar­tiall.

66. If any Soldier die, no other shal take or spoil his Goods, upon pain of restor­ing double the value to whom they belong, and of such further puni [...]ment [Page 34]as the Court-Martial shall think fit; but the Captain of the Company to which such Soldier did belong, shall take the saids Goods into his Custody, and dispose of them for paying his Quarters, and keep the Over-plus (if any be) for the use of such to whom they belong, as shall claim the same within three moneths after his Death; and if any Captain or Officer die, the Chief-Commander shall take care of preserving his Estate in like manner.

67. No Provost-Marshal shall refuse to receive or keep a Prisoner sent to his Charge by Authority, or shall dis­miss him without Order, upon pain of such punishment, as a Court-Martial shall think fit. And if the Offence, for which the Prisoner was apprehend­ed, deserved Death, the Provost-Mar­shall failling to receive and keep him, as aforsaid, shall be lyable to the same punishment.

68. If the Provost-Marshal commit any Person by his own Authority, with­out other Command, he shall acquaint the Generall, or other Chief-Com­mander of the cause thereof, with­in [Page 35]in 24 houres: And the Provost-Marshal shall thereupon dismiss him, unless he have Order to the contrary.

69. No man shall presume to use any Braving, or Menacing Words, Signs, or Gestures, where any of the forsaid Courts of Justice are sitting, upon pain of suffering such punish­ment, as the Court-Martial shall in­flict.

70 Where any Sentence of Death is given out in the Court-Martial, it shall be read by the Register of the Court, in the presence of the Condem­ned Person, and Signed by the Presi­dent; thereafter it shall be given to the Generall, or Chief-Officer, who may, notwithstanding suspend the same, untill he shall acquaint His Majesty, or see it put in Execution, as he shall think fit.

71. In the General-Court-Martial shall allways preside one of the Great Officers of the Army; likeas, in a Re­gimental-Court-Martiall, the Colonell, or other Field-Officer; and when a Court-Martial shall be held for the Horse, the Captain of the Guard shall [Page 36]preside, or a General-Officer, who, after taking the Oath aforsaid, shall pro­ceed to give their Judgement, untill Sen­tence shall be pronounced against the Delinquents, or the matter contro­verted.

72. Whatsoever shall be Directed by His Majesty, the General, or other Superior-Officer, shall be published by beat of Drum, or sound of Trumpet, that no man may pretend ignorance thereof; and whosoever shall be found disobedient, or faulty against what is so published, shall be punished, con­form to the pains contained in the Pro­clamation, or these Articles.