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B05066 Rules and articles of war, for the better government of his Majesties army in the kingdom of Scotland. Published by his Majesties command. Scotland. Army. 1686 (1686) Wing R2242B; ESTC R182874 11,864 40

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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 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 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 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 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 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 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 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