WILLIAM L. CLEMENTS RULES AND REGULATIONS FOR THE MASSACHUSETTS ARMY. PUBLISHED BY ORDER. CAMBRIDGE: Printed by SAMUEL and EBENEZER HALL 2 7 7 5 amorтAUDE мат ло У МЯЛ rd canerico ( 3 ) In PROVINCIAL CONGRESS, W CONCORD, April 5th, 1775. HEREAS the Luft of Power, which of old oppreffed, perfecuted and exiled our pious and virtuous Ancestors, from their fair Poffeffions in Britain, now purfues, with tenfold Severity, us, their guiltless Children, who are unjustly and wickedly charged with Licentioufnefs. Sedition, Treafon and Rebel- lion; and being deeply impreffed with a Senfe of the al- moft incredible Fatigues and Hard/hips our venerable Progenitors encountered, who fled from Opprefion for the Sake of civil and religious Liberty for themselves and their Offspring, and began a Settlement here, on bare Creation, at their own Expence; and having feriously confidered the duty we owe to GOD, to the Memory of fuch invincible Worthies, to the King, to Great-Bri- tain, our Country, our felves and Pufterity, do think it an indifpenfable Duty, by all lawful Ways and Means in our Power, to recover, maintain, defend and preferve, the free Exercife of all thofe civil and religious Rights and Liberties for which many of our Fore-Fathers fought, -bled-and died; and to hand them down entire for the free Enjoyment of the latest Pofterity: And whereas the keeping a standing Army in any of thefe Colonies in Times of Peace, without the Confent of the Legislature of that Colony in which fuch an Army is kept, is against Law: and whereas fuch an Army, with a large naval Force, is now placed in the Harbour of Bofton, for the Purpofe of fubjecting us to the Power of the British Par- liament: And whereas we are frequently told by the Tools of Administration, Dupes to ministerial Ufurpation, that Great-Britain will not, in any Degree, relax in ber Meaſures, until we acknowledge ber" Right to make Laws binding upon us in all Cafes whatſoever;" and (4) and that if we refufe to be Slaves, if we perfift in our Denial of her Claim, the Difpute must be decided by Arms, in which 'tis faid by our Enemies,-" We fhall "have no Chance, being undifciplined, Cowards, "difobedient, impatient of Command, and poffeffed "of that Spirit of levelling which admits of no "Order, Subordination, Rule or Government :- And whereas, from the minifterial Army and Fleet now at Bofton, the large Reinforcement of Troops expected, the late circular Letters to the Governors upon the Con- tinent, the general Tenor of Intelligence from Great-Bri- tain, and the hoftile Preparations making here, as alfo from the Threats and frequent Infults of our Enemies in the capital Town, we have Reafon to apprehend that the fudden Destruction of this Colony is in Contempla- tion, if not determined upon: And whereas the great Law of Self-Prefervation may fuddenly require our raifing and keeping an Army of Ob- Jervation and Defence, in order to prevent, or repel, any farther Attempts to enforce the late cruel and oppreffive Alts of the British Parliament, which are evidently de- Jigned to fubject us and the whole Continent to the most ignominious Slavery: And whereas, in Cafe of raifing and keeping fuch an Army, it will be neceffary that the Officers and Soldiers in the fame be fully acquainted with their Duty, and that the Articles, Rules and Regulations thereof be made as plain as poffible; and having great Confidence in the Honour and publick Virtue of the Inba- bitants of this Colony, that they will readily obey the Officers chofen by themselves, and will chearfully do their Duty, when known, without any fuch fevere Articles and Rules (except in capital Cafes) and cruel Punishments as are usually practifed in ftanding Armies, and will fubmit to all fuch Rules and Regulations as are founded in Rea- fon, Honour and Virtue : It is therefore RESOLVED, That the following Articles, Rules and Regulations for the Army, that may (5) may be raiſed for the Defence and Security of our Lives, Liberties and Eftates, be, and hereby are earneſtly recommended, to be ftrictly adhered to by all Officers, Soldiers and others concerned, as they regard their own Honour and the publick Good. ARTICLE 1. All Officers and Soldiers, not having juft Impediment, fhall diligently frequent Divine Service and Sermon in the Places appoint- ed for the affembling of the Regiment, Troop or Company to which they belong; and fuch as wil- fully abfent themſelves, or being prefent, behave indecently or irreverently, fhall, if commiffioned Officers, be brought before a regimental Court- Martial, there to be publicly and feverely repri- manded by the Prefident; if non-commiffioned Officers, or Soldiers, every Perfon fo offending fhall for his firft Offence forfeit One Shilling, to be de- ducted out of his Wages ;-for the fecond Offence he fhall not only forfeit One Shilling, but be con- fined, not exceeding twenty-four Hours; and for every like Offence fhall fuffer and pay in like Man- ner, which Money, fo forfeited, fhall be applied to the Ufe of the fick Soldiers of the Troop or Com- pany to which the Offender belongs. ART. 2. Whatfoever non-commiffioned Offi- çer or Soldier fhall ufe any unlawful Oath or Ex- ecration, fhall incur the Penalties expreffed in the firft Article; and if a commiffioned Officer be thus guilty of profane Curfing or Swearing, he fhall for- feit and pay for each and every fuch Offence the Sum of Four Shillings, lawful Money. ART. 3. 3. Any Officer or Soldier, who fhall be- have himſelf with Contempt or Difrefpect towards the General or Generals, or Commanders in Chief of the Maffachuſetts Forces, or fhall fpeak Words tending to his or their Hurt or Difhonour, fhall be punished ( 6 ) punished according to the Nature of his Offence, by the Judgment of a general Court Martial. ART. 4. Any Officer or Soldier, who fhall begin, excite, caufe or join in any Mutiny or Se- dition, in the Regiment, Troop or Company to which he belongs, or in any other Regiment, Troop or Company of the Maffachuſetts Forces, either by Land or Sea, or in any Party, Poft, Detachment, or Guard, on any Pretence whatfoever, fhall fuffer fuch Punishment as by a general Court-Martial fhall be ordered. ART. 5. Any Officer, non-commiffioned Offi- cer, or Soldier, who being prefent at any Mutiny, or Sedition, does not ufe his utmoft Endeavours to fupprefs the fame, or coming to the Knowledge of any Mutiny, or intended Mutiny, does not, with- out Delay, give Information thereof to the com- manding Officer, fhall be punished by Order of a general Court-Martial according to the Nature of his Offence. ART. 6. Any Officer or Soldier, who fhall ftrike his fuperior Officer, or draw or offer to draw, or fhall lift up any Weapon, or offer any Violence against him, being in the Execution of his Office, on any Pretence whatsoever, or fhall difobey any lawful Commands of his fuperior Officer, fhall fuf- fer fuch Puniſhment, as fhall, according to the Nature of his Offence, be ordered by the Sentence of a general Court-Martial. ART. 7. Any non-commiffioned Officer or Soldier, who fhall defert, or without Leave of his commanding Officer, abfent himſelf from the Troop or Company to which he belongs, or from any De- tachment of the fame, fhall, upon being convicted thereof, be puniſhed according to the Nature of his Offence, at the Difcretion of a general Court-Martial. ART. 8. Whatfoever Officer or Soldier fhall be be convicted of having advifed or perfuaded any other Officer or Soldier to defert, fhall fuffer fuch, Puniſhment as fhall be ordered by the Sentence of a general Court-Martial. ART. 9. All Officers, of what Condition fo- ever, fball have Power to part and quell all Quarrels, Frays, and Diſorders, though the Perfons concerned fhould belong to another Regiment, Troop or Com- pany; and either order Officers to be arreſted, or non-commiffioned Officers or Soldiers to be confined and imprifoned, till their proper fuperior Officers fhall be acquainted therewith; and whoever fhall retufe to obey fuch Officer (though of an inferior Rank) or fhall draw his Sword upon him, fhall be puniſhed at the Difcretion of a general Court-Martial. ART. 10. No Officer or Soldier fhall uſe any reproachful or provoking Speeches or Geftures to another; nor fhall prefume to fend a Challenge to any Perfon to fight a Duel: And whoever fhall knowingly and willingly fuffer any Perfon whatfo- ever to go forth to fight a Duel; or fhall fecond, promote, or carry any Challenge, fhall be deemed as a Principal: And whatſoever Officer. or Soldier fhall upbraid another for refufing a Challenge, fha!! alfo be confidered as a Challenger: And all fuch Offenders, in any of thefe or fuch like Cafes, fhall be puniſhed at the Difcretion of a general Court- Martial. ART. II. Every Officer commanding in Quarters, or on a March, fhall keep good Order, and, to the utmoft of his Power, redrefs all fuch Abuſes, or Diſorders, which may be committed by any Officer or Soldier under his Command; if upon any Complaint made to him of Officers or Soldiers beating, or otherwife ill-treating any Perfon, or of committing any Kind of Riot, to the difquieting of the Inhabitants of this Continent; he the faid Com- mander, who fhall refufe or omit to fee Juftice done on 8 on the Offender or Offenders, and Reparation made to the Party or Parties injured, as far as the Offenders Wages fhall enable him or them, fhall, upon due Proof thereof, be puniſhed as ordered by a general Court-Martial, in fuch Manner as if he himself had committed the Crimes or Diſorders complained of. ART. 12. If any Officer fhould think himſelf to be wronged by his Colonel or the commanding Officer of the Regiment, and fhall, upon due Ap- plication made to him, be refufed to be redreffed, he may complain to the General or Commander in Chief of the Maffachuſetts Forces, in order to obtain Juftice, who is hereby required to examine into faid Complaint, and fee that Juftice be done. ART. 13. If any inferior Officer, or Soldier, fhall 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 fummon a regimental Court-Martial, for the doing Juftice 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 fecond Hearing, the Appeal fhall appear to be vexatious and groundleſs, the Perfon fo appealing fhall be punished at the Difcretion of the general Court-Martial. ART. 14. Whatfoever non-commiffioned Officer, or Soldier, fhall be convicted, at a regimen- tal Court-Martial, of having fold, or defignedly, or through Neglect, wafted the Ammunition, Arms, or Provifions, or other Military Stores, delivered out to him, to be employed in the Service of this Colony, fhall, if an Officer, be reduced to a private Centinel and if a private Soldier, fhall fuffer fuch Puniſhment as fhall be ordered by a regimental Court-Martial. ART. 15. All non-commiffioned Officers and Soldiers, $ 9 Soldiers, who fhall be found one Mile from the Camp, without Leave in writing from their com- manding Officer, fhall fuffer fuch Punishment as fhall be inflicted on him or them by the Sentence of a regimental Court-Martial. ART. 16. No Officer or Soldier fhall 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-commiffioned Officer and Soldier fhall retire to his Quarters, or Tent, at the beating of the Retreat; in Default of which, he fhall be punished according to the Nature of his Offence, by Order of the commanding Officer. ART. 18. No Officer, non-comminioned Offi- cer, or Soldier, fhall fail of repairing, at the Time fixed, to the Place of Parade or Exercife, or other Rendezvous appointed by the commanding Officer, if not prevented by Sickness, or fome other evident Neceffity; or fhall go from the faid Place of Ren- dezvous, or from his Guard, without Leave from his commanding Officer, before he ſhall be regularly difmiffed or relieved, on Penalty of being puniſhed according to the Nature of his Offence, by the Sen- tence of a regimental Court-Martial. ART. 19. Whatfoever commiffioned Officer fhall be found drunk on his Guard, Party or other Duty, under Arms, fhall be cafhiered for it; any non-commiffioned Officer or Soldier, fo offending, Thall fuffer fuch Punishment as fhall be ordered by the Sentence of a regimental Court-Martial. ART. 20. Whatſoever Centinel fhall be found fleeping upon his Poft, or fhall leave it before he fhall be regularly relieved, fhall fuffer fuch Punish- ment as fhall be ordered by the Sentence of a general Court-Martial. B ART. ( 10 ) ART. 21. Any Perfon belonging to the Maffa- chufetts Army, who by difcharging of Fire-Arms, beating of Drums, or by any other Means whatfo- ever, fhall occafion falfe Alarms, in Camp or Quarters, fhall fuffer fuch Punishment as fhall be ordered by the Sentence of a general Court-Martial. ART. 22. Any Officer or Soldier, who fhall without urgent Neceffity, or without Leave of his fuperior Officer, quit his Platoon or Divifion, fhall be puniſhed according to the Nature of his Offence, by the Sentence of a regimental Court-Martial. ART. 23. No Officer or Soldier fhall do Vio- lence, or offer any Infult, or Abufe, to any Perfon who fhall bring Provifions, or other Neceffaries, to the Camp or Quarters of the Maffachusetts Army; any Officer or Soldier, fo offending, fhall, upon complaint being made to the commanding Officer, fuffer fuch Puniſhment as fhall be ordered by a regi- mental Court-Martial. ART. 24. Whatfoever Officer or Soldier fhall fhamefully abandon any Poft committed to his Charge, or fhall ſpeak Words inducing others to do the like, in Time of an Engagement, fhall fuffer Death immediately. ART. 25. Any Perfon belonging to the Mafla- chuſetts Army, who fhall make known the Watch- word to any Perfon who is not intitled to receive it, according to the Rules and Difcipline of War, or thall prefume to give a Parole, or Watch-word dif. ferent from what he received, fhall fuffer Death, or fuch other Puniſhment as fhall be ordered by the Sentence of a general Court-Martial. ART. 26. Whofoever, belonging to the Maffa- chuſetts Army, fhall relieve the Enemy with Money, Victuals or Ammunition; or fhall knowingly har- bour or protect an Enemy, fhall fuffer fuch Punifh- ment as by a general Court-Martial fhall be ordered. ART. 27. Whofoever, belonging to the Maf- fachuſetts II fachuſetts Army, fhall be convicted of holding Cor- refpondence with, or of giving Intelligence to the Enemy, either directly or indirectly, fhall fuffer fuch Puniſhment as by a general Court-Martial fhall be ordered. ART. 28. All public Stores taken in the Enemy's Camp or Magazine, whether of Artillery, Ammu nition, Clothing or Provifions, fhall be fecured for the Ufe of the Maffachufetts Colony. ART. 29. If any Officer or Soldier fhall leave his Poft or Colours, in Time of an Engagement, to go in Search of Plunder, he fhall, upon being convicted thereof before a general Court-Martial, fuffer fuch Puniſhment as by faidCourt-Martial fhall be ordered. ART. 30. If any Commander of any Poft, Intrenchment or Fortrefs, fhall be compelled, by the Officers or Soldiers under his Command, to give it up to the Enemy, or to abandon it, the commiflioned Officer, non-commiffioned Officers or Soldiers who fhall be convicted of having fo offended, fhall fuffer Death, or fuch other Puniſhment as may be inflicted upon them by the Sentence of a general Court- Martial. ART. 31. All Suttlers and Retailers to a Camp, and all Perfons whatfoever, ferving with the Maf- fachuſetts Army, in the Field, though not inlifted Soldiers, are to be fubject to the Articles, Rules and Regulations of the Maffachuſetts Army. ART. 32. No general Court-Martial fhall confift of a lefs Number than thirteen, none of which fhall be under the Degree of a commiffioned Officer; and the Prefident fhall be a Field Officer : And the Prefident of each and every Court-Martial, whether general or regimental, fhall have Power to adminifter an Oath to every Witnefs, in order to the Trial of Offenders. And the Members of all Courts-Martial fhall be duly fworn by the Prefident; and the next in Rank on the Court-Martial fhall adminifter the Oath to the Prefident. ART. 12 ART. 33. The Members, both of general and regimental Courts-Martial, fhall, when belonging to different Corps, take the fame Rank which they hold in the Army; but when Courts-Martial fhall be compofed of Officers of one Corps, they fhall take their Ranks according to their Commiffions by which they are muſtered in the faid Corps. ART. 34. All the Members of a Court-Martial, are to behave with Calmnefs, Decency and Impar- tiality; and in the giving of their Votes, are to be- gin with the youngest or loweft in Commiffion. ART. 35. No Field Officer fhall be tried by any Perfon under the Degree of a Captain; nor fhall any Proceedings or Trials be carried on, excepting between the Hours of eight in the Morning, and three in the Afternoon, except in Cafes which re- quire an immediate Example. ART. 26. The commiffioned Officers of every Regiment may, by the Appointment of their Colonel or Commanding Officer, hold regimental Courts- Martial for the enquiring into fuch Difputes or criminal Matters as may come before them, and for the inflicting corporal Punishments for fmall Offences, and fhall give Judgment by the Majority of Voices; but no Sentence fhall be executed till the commanding Officer (not being a Member of the Court-Martial) fhall have confirmed the fame. ART. 37. No regimental Court-Martial fhall confift of less than five Officers, excepting in Cafes where that Number cannot be conveniently affem- bled, when three may be fufficient; who are like- wife to determine upon the Sentence by the Majo- rity of Voices; which Sentence is to be confirmed by the commanding Officer, not being a Member of the Court-Martial. ART. 38. Every Officer, commanding in any Fort, Caftle, or Barrack, or elsewhere, where the Corps under his Command confifts of Detachments from different Regiments, or of independent Com- panies, 13 ) panies, may affemble Courts-Martial for the Trial of Offenders in the fame Manner as if they were regi- mental, whofe Sentence is not to be executed till it fhall be confirmed by the faid commanding Officer. ART. 39. No Perfon whatfoever fhall ufe menacing Words, Signs or Geftures in the Prefence of a Court-Martial then fetting, or fhall caufe any Diſorder or Riot, fo as to disturb their Proceed- ing, on the Penalty of being puniſhed at the Difcre- tion of the faid Court-Martial. ART. 40. To the End that Offenders may be brought to Juftice; whenever any Officer or Sol- dier fhall commit a Crime deferving Puniſhment, he fhall by his commanding Officer, if an Officer, be put in Arreft; if a non-commiffioned Officer or Soldier, be impriſoned till he fhall be either tried by a Court-Martial, or fhall be lawfully diſcharged by proper Authority. ART. 41. No Officer or Soldier who fhall be put in Arreft, or Impriſonment, fhall continue in his Confinement more than eight Days, or till fuch Time as a Court-Martial can be conveniently af fembled. ART. 42. No Officer commanding a Guard, or Provoft Marfhal, fhall refufe to receive or keep any Prifoner committed to his Charge, by an Officer belonging to the Maffachuſetts Forces ; which Officer fhall at the fame Time deliver an Account in Writing, figned by himself, of the Crime with which the faid Prifoner is charged. ART. 43. No Officer commanding a Guard, or Provoft-Marfhal, fhall prefume to releaſe any Prifoner committed to his Charge, without proper Authority for fo doing; nor fhall he fuffer any Pri- foner to eſcape, on the Penalty of being puniſhed for it, by the Sentence of a general Court-Martial. ART. 44. Every Officer or a Provoft-Marfhal, to whofe Charge Prifoners fhall be committed, is hereby required, within twenty-four Hours after fuch Commitment, 14 J Commitment, or as foon as he fhall be relieved from his Guard, to give in Writing to the Colonel of the Regiment to whom the Prifoner belongs (where the Prifoner is confined upon the Guard belonging to the faid Regiment, and that his Offence only re- lates 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 com- mitted them, on the Penalty of being punished for his Difobedience or Neglect, at the Difcretion of a general Court-Martial, ART. 45. And if any Officer under Arreft fhall leave his Confinement before he is fet at Liberty by the Officer who confined him, or by a fuperior Power, he fhall be cafhiered for it. ART. 46: Whatſoever commiffioned Officer hall be convicted before a general Court-Martial, of behaving in a fcandalous, infamous Manner, fuch as is unbecoming the Character of an Officer and a Gentleman, fhall be discharged from the Service. ART. 47. All Officers, Conductors, Gunners, Matroffes, Drivers, or any other Perfons whatſoever, receiving Pay or Hire, in the Service of the Maffa- chuſetts Artillery, fhall be governed by the afore- faid Rules and Articles, and fhall be fubject to be tried by Courts-Martial, in like Manner with the Officers and Soldiers of the Maffachusetts Troops. ART. 48. For Differences arifing amongst themſelves, or in Matters relating folely to their own Corps, the Courts-Martial may be compofed of their own Officers; but where a Number fufficient of fuch Officers cannot be affembled, or in Matters wherein other Corps are interefted, the Officers of Artillery fhall fit in Courts-Martial with the Offi cers of the other Corps. ART. 49. All Crimes not capital, and all Dif orders and Neglects which Officers and Soldiers may be guilty of, to the Prejudice of good Order and military Difcipline, though not mentioned in the Articles 15 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 puniſhed at their Difcretion: ART. 50. No Courts-Martial fhall 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 fome fuitable Perfon be- longing to fuch Regiment, to receive all fuch Fines as may arife within the fame, for any Breach of any of the foregoing Articles, and fhall direct the fame to be carefully and properly applied to the Relief of fuch fick, wounded, or neceffitous Soldiers, as be- long to fuch Regiment; and fuch Perfon fhall account with fuch Officer for all Fines received, and the Application thereof. ART. 52. All Members fetting in Courts Martial fhall be fworn by the Prefident of faid Courts, which Prefident fhall himſelf be fworn by the Officer in faid Court next in Rank:-The Oath to be adminiftered previous to their proceeding to the Trial of any Offender, in Form following, viz. "You A B fwear that you will well and truly try, and impartially determine the Caufe of the Prifoner now to be tried, according to the Rules for regulating the Majjachusetts Army. So help you God." ART. 53. All Perfons called to give Evidence, in any Cafe, before a Court-Martial, who fhall re- fufe to give Evidence, fhall be puniſhed for fuch Re- fufal, at the Difcretion of fuch Court-Martial: The Oath to be adminiftered in the Form following, viz. "You fwear the Evidence you fhall give in the Cafe now in bearing, fhall be the Truth, the whole Truth, and nothing but the Truth. So help you God." Signed by Order of the Provincial Congress, John Hancock, Prefident. A true Extract from the Minutes, Benjamin Lincoln, Secretary. SI క C 1775 Ma Marcachurette. Provincial Congress