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B01436 Articles and rules, for the better government of His Majesties forces in Scotland England and Wales. Army.; Charles II, King of England, 1630-1685.; Lauderdale, Charles Maitland, Earl of, d. 1691.; England and Wales. Sovereign (1660-1685 : Charles II). 1678 (1678) Wing A3813; ESTC R170377 12,225 28

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according to their consciences the best of their understandings and the custom of War in like cases and shal demean themselves orderly in the hearing of causes as becomes the gravity of such a Court and before giving of sentence every Judge shal deliver his vote or opinion distinctly and the sentence is to be according to the plurality of votes 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 shal pronounce it and after that the sentence is pronounced the Provost-Martial shal have warrant to cause execution to be done according to the sentence ART LX. AT our General-Court-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 shal be also such other Officers appointed both for that and also for the Regimental Court Martials as shal be necessary And our General Court-Martial may appoint and limit the Fees of our Provost-Martial General as they shal think fit ART LXI ALL controversies either between Souldiers and their Captains or other Officers or between Souldier and Souldier relating to their Military capacities shall be summarily heard and determined at the next Court-Martial of the Regiment ART LXII IN any matter which shal be adjudged in any of the aforesaid Regimental Court-Martials either of the Parties that finds himself aggrieved may appeal to our General-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 ART LXIII IN all Criminal Causes which concern our Crown our Advocate-General or Judge-Advocate of our Army shal inform the Court and prosecute on our behalf ART LXIV NO Officer or Souldier shal presume to hinder the Provost-Martial his Lieutenant or Servants in the execution of that Office upon pain of death or such other punishment as our Court-Martial shal think fit But on the contrary all Captains Officers and Souldiers shal do their utmost to apprehend and bring to punishment all offenders shal assist the Officers of our Army or Regiment for that purpose especially the said Provost Martial his Lieutenant and Servants And if the Provost-Martial or his Officers require the assistance of any Officer or Souldier in apprehending any person declaring to them that it is for a capital Crime and the party escape for want of aid and assistance the partie or paies refusing to aid or assist shal suffer such punishment as our Court-Martial shal inflict ART LXV THat Officer or Souldier who shal presume to draw his Sword in any Place of Judicature while the Court is sitting shal be put to death And We hereby authorize our Provost Martial General of our Army by his own authority to apprehend such offenders And if any Souldier being committed for any offence shal break prison the said Provost Martial General shal by his own authority apprehend him and the offender shal suffer death or such other punishment as our General Court-Martial shal think fit ART LXVI IF any fray shal happen within the Camp or Place of Garrison in any of the souldiers Lodgings or where they meet it shal be enquired into by the Officers of the Regiment and the beginners and pursuers thereof punished according to the quality of the offence ART LXVII IF any Inferior Officer either of Horse or Foot be wronged by his Officer he may complain to his Collonel 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 Complainant is to be punished according as his Officer deserved if he had been found guilty ART LXVIII IF any Colonell or Captain shal force or take any thing away from any private Souldier that Colonell or Captain shal be punished according to the quality of the Offence by the judgement of Our General Court-Martial But if a Souldier shal be wronged and shal not appeal to the Court or his Superior Commanders but take his own satisfaction for it he shal be punished by the judgement of a Court-Martial ART LXIX IF any Souldier die no other shal take or spoile his goods upon pain of restoring double the value to him to whom they belong and of such further punishments as Our Court-Martial shal think fit But the Captain of the Company of which such a Souldier was shal take the said Goods into his custody and dispose of them for paying his Quarters and to keep the over-plus if any be for the use of those to whom they belong and who shal claime the same within three moneths after his death And if any Captain or Officer die the Chief Commander shal take care of preserving his Estate in like manner ART LXX NO Provost Martial shal refuse to receive or keep a Prisoner sent to his charge by authority or shal dismisse him without order upon pain of such punishment as a Court-Martial shal think fit And if the offence for which the Prisoner was apprehended deserved death the Provost-Martial failing to receive and keep him as aforesaid shal be liable to the same punishment ART LXXI IF any person be committed by the Provost-Martials own Authority without other command he shal acquaint the General or other chief Commader with the cause thereof within twentie four hours and the Provost-Martial shal thereupon dismisse him unlesse he have order to the contrary ART LXXII NO man shal presume to use any braving or menacing words signes or gestures where any of the foresaid Courts of Justice are fitting upon pain of suffering such punishment as the Court-Martial shal think fit ART LXXIII VVHen ever any sentence of Death is given out in the under Court-Martial it shal be read by the Register of the Court in the presence of the condemned and signed by the President thereafter it shal be given to the General or chief officer who may notwithstanding suspend the same untill he shal acquaint Us or see it put in Execution when he shal think fit ART LXXIV IN the General Court-Martial shal alwayes preside one of the Great Officers of the Army Like as in the Regiments of Foot the Colonell or Lieutenant Colonell And when it shal happen to fall out amongst the Horse the Captain of Our Guard shal Preside or a General officer who for want of number to make up twelve with the President may call Officers of Foot who all shal take the Oath aforesaid and then proceed to their judgement untill sentence shal be pronounced against the Delinquent or in the matter contraverted ART LXXV VVHatever is to be published or generally made known shal be done by beat of Drum or sound of Trumpet that so no man may pretend ignorance thereof And after that whoever shal be found disobedient or faulty against what is thus published shal be punished conform to the pains contained in the Proclamation IT is Our Royal Pleasure That the foregoing Articles and Rules in number 75. for the better Government of Our Forces in Our ancient Kingdom of SCOTLAND be forthwith Printed and Published For doing whereof this shal be to all Persons that may be therein concerned a sufficient warrand Given at Our Court at White-hall the 26 th day of Feb. 1674 5 and of Our Reign the 27 th Year By His Majesties Command LAVDERDALE FINIS