Page:Ruffhead - The Statutes at Large - vol 8.djvu/60

26 C. II. Anno tricefimo Georgii II. A. D. "ij^ji Courts- martial III. And be it nlfo enailed, That it fhall and may be lawful to and for fuch Courts-martial, re- Lord?, &c. of the Admira'ty impoweicd to inake Articles tor Punifhment of Mutiny and Defercioo, &c. Continuance of this Act. IV. And be it further enacSted by the Authority aforefaid, That it fhall and may be lawful to and for the faid Lord High Admiral, or three or more of the Commiflioners for executing the faid Office of Lord High Admiral, at any Time during the Continuance of this A6t, to make and eftablifh Rules and Articles in Writing under his or their refpedlive Hand or Hands, for the Punifliraent of Mutiny and De- fertion, Immorality, Mifbehaviour and Negle6t of Duty, in any of his Majefty's Marine Forces while on Shore, in any Part of this Realm or Ireland^ or any of his Majefty's Dominions beyond the Seas, and for and to conftitate bringing Offenders againft the fame to Juftice ; and to erecfl and conftitute Courts-martial, with Power Courts-martial, to try, hear, and determine any Crimes or Offences fpecified in fuch Rules and Articles, and inflidt Punifhments by Sentence or Judgment for the fame, according to the true Intent and Meaning of this A6{. V. Provided always, That no Perfon or Perfons fhall be adjudged to fufFer any Punifhment, extending to Life or Limb, by the faid Rules and Articles, within the Kingdom of Great Britain or Irelandy except for fuch Crime or Crimes as is or are exprefTed to be fo punifhable by this ASt. prefied to be fo puni/hable by this Aft, None to be ad judged of Life or Limb, but for Crimes cx- Ceneral Court- martial not to eonfift of lefs than 13, and the Prefident to be a Field Officer, or next Officer not under a Captain. May adrainifter an Oath to W:tnefl;s. Officers to be fworn. The Oath. VI. And it is hereby further enabled and declared. That no General Court-martial, which fhall have Power to fit by virtue of this A£l:, fhall eonfift of a lefs Number than thirteen, whereof none to be under the Degree of a CommifTion Officer of Marines ; and the Prefident of fuch Court-martial fhall not be un- der the Degree of a Field Officer of Marines, unlefs where fuch Field Officer cannot be had ; in which Cafe the Marine Officer next in Seniority to fuch Field Officer, not being under the Degree of a Captain, fhall prefide at fuch Court-martial ; and that fuch Court-martial fhall have Power and Authority, and are hereby required to adminifter an Oath to every Witnefs, in order to the Examination or Trial of any of the Ofiences that fliall come before them. VII. Provided always, That in all Trials of Offenders by General Courts-martial, to be held by vir- tue of this A£l, every Officer prefent at fuch Trial, before any Proceedings be had thereupon, fhall take the following Oaths upon the holy Evangelifts, before the Court, and Judge Advocate, or his Deputy (who are hereby authorized to adminifter the fame) in thefe Words ; that is to fay. YO U fhall well and truly try and determine according the Matter now before to be tried to the Evidence which fhall be given in you, between our Sovereign Lord the King's Majefty, and the rrifoner So help you God. The Oath. * Y J. B. do rwear,'That I will duly adminifter Juftice according to an A6i of Parliament now in Force J. for the Regulation of his Majefty's Marine Forces while on Shore, and according to the Rules and Articles made in Purfuance of the faid Aft of Parliament for the Punifhment of Mutiny and Defertion, and other Crimes therein refpe£lively mentioned, without Partiality, Favour or AfFedtion ; and if any Doubt fhall arife (which is not explained by the faid A£l of Parliament, or the faid Rules aiid Articles) according to my Confcience, the beft of my Underftanding, and the Cuftom of W"ar in the like Cafes. And I further fwear. That I will not divulge the Sentence of the Court until it fhall be ap- proved by the Lord High Admiral, or three or more of the Commiffioners for executing the Office of Lord High Admiral of Great Britai-: ; neither will I upon any Account at any Time whatsoever dif- clofe or difcover the Vote or Opinion of any particular Member of the Court-martial, unlefs required to give Evidence thereof, as a Witnefs, by a Court of juftice in a due Courfe of Law :' So help me God. The Judge Advo- And fo foon as the faid Oaths fhall have been adminiftered to the refpeftive Members, the Prefident of cate tobefworn. (},,. (Jourt is hereby authorized and required to adminifter to the Judge Advocate, or the Perfon officiating as fuch, an Oath in the following Words : The Oath. In Sf ntences of Dejth, nineOf- furri to concur, Huun of Trial. Iy/. B. do fwear. That I will not upon any Account at any Time whatfoever difclofe or difcover the Vote or Opinion of any particular Member of the Court-martial, unlefs required to give Evidence thereof, as a Witnefs, by a Court of Juftice in a due Courfe of Law :' So help me God. And no Sentence of Death fhall be given againft any Offender by any fuch General Court-martial as aforefaid, unlefs nine Officers prefent fhall concur therein ; and if there be more Officers prefent than thirteen, then the Judgment fhall pafs by the Concurrence of two thirds of the Officers prefent ; and no l^rorccding or Trial fliall be had upon any Ofttnce, but between the Hours of eight of the Clock in the Morning, and three in the Afternooji, exept in Cafes which require an immediate Example. VIII. Provided