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Discipline than at other times might be Expedient. Be it there-
fore Enacted by the Authority aforesaid That if any Officer or Pri-
vate Man of the Militia of this Province, in the Time of Actual
Service within this Province in the time of Invasion, Rebellion, or
Insurrection shall wittingly and willingly excite Cause or Join in
any Mutiny or Sedition in any Company Troop Regiment Party
Guard or Detachment of the Militia of this Province or shall shame-
fully leave desert or fly from his Station or Post without the Order
or Direction of his Proper Officer or other good Sufficient reasonable
Cause, or shall wittingly hold Correspondance with any Rebel or
Enemy or give any Rebel or Enemy Advice or Intelligence by
Letter, Message, Signs or Tokens in any manner or way whatsoever,
the Person or Persons so Offending being thereof Convicted in
due form of Law shall and are hereby declared felons and shall
Suffer Death as in Cases of felony without Bennefit of Clergy.
And Be it further Enacted that if any Person in the Time afore-
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L.H.J.
Liber No. 48
May 22
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said Shall Strike or Use any Violence to his Superior Officer or
shall wilfully refuse to obey his Just Order, Such Person So
Offending shall Suffer Such Punishment by fine or Imprisonment
(the Said fine not to exceed the Sum of five Pounds Current Money
and such Imprisonment not to exceed the Space of Seven Days) as
shall be Adjudged by a Court Martial for that purpose to be consti-
tuted and appointed by the Commission of the Governor or Com-
mander in Chief for the time being under the Seal of this Province
out of the County wherein the Offender shall reside not under the
Degree of a Captain, the Said Court Martial to consist of the Num-
ber of twelve and no more besides the President, and Such Court
shall have full Power and Authority to Administer an Oath to every
Witness to Discover the Truth in order to the Examination and
Tryal of any of the Offences determinable before such Court, and
the Sentance of the Majority of the Members of Such Court shall
be Immediately Executed, Provided always, that in all Tryals to be
had before any Court Martial to be appointed and held as aforesaid
in Virtue of this Act, every Judge before any Proceedings shall be
had, shall take the following Oath to wit, I do swear that I will
well and truly Try and Determine according to Evidence on the
Subject of my Present Enquiry to the best of my knowledge and
Judgment according to the Intent and Meaning of an Act of As-
sembly of the Province of Maryland Entituled an Act for Regulat-
ing the Militia of the Province of Maryland, without Partiality
Malice Favour or Affection and that I will not at any time, upon any
Account whatsoever disclose or discover [my] own Vote or Opinion
or the Vote or opinion of any Other member of this Court Martial
unless required to give Evidence thereof as a Witness by a Court of
Justice in a due Course of Law so help me God Provide also, that
no Officer or Private Person aforesaid being once Acquitted by a
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p. 311
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