1776.] OF THE PROVINCE OF MARYLAND. 105

martial for the trial thereof; and in such cases where three, lor that
reason, cannot be had of the same corps, garrison, party, or station,
of the offender, then with those who are competent of that corps,
garrison, party or station, and the next most convenient thereto;
such inferior court martial shall be constituted of five members at
least.

56. That all inferior court-martials shall be appointed by the co-
lonel or commanding officer of the battalion, corps, garrison, party,
or station to which the offender belongs, and the members thereof
shall take the same oath, to be administered in like manner as the
members of a general court-martial.

57. That every court-martial administer an oath to every wit-
ness produced before them in the following words, to wit: ''You,
do swear, that the evidence you shall give in the case in hearing,
shall be the truth, the whole truth, and nothing but the truth. So
help you GOD."

58. That the members of every court-martial shall take the same
rank as they hold in the army, and shall behave themselves with
calmness, decency, and moderation, and in giving in their votes
shall begin with the lowest in commission, and the sentence of the
court shall be given according to the majority of votes, except in
capital cases as before mentioned.

59. That in all trials of field officers, two-thirds of the number
that constitute the court-martial, shall be of the degree of a captain
at least.

60. That no person shall suffer death under any article, unless
the pain of death is expressly annexed by such article to his crime,
nor shall any person be punished for any crime or offence, except
for shamefully abandoning his post in an engagement, until he shall
be convicted thereof by a general or inferior court-martial.

61. That no inferior court-martial shall be competent to pass
sentence for any greater punishment on a commissioned officer
than a pecuniary fine not exceeding twelve dollars, or reprimand,
or concession, or to ask pardon; or on a non-commissioned officer
or soldier for a greater punishment than a pecuniary fine not ex-
ceeding half a month's pay, or for five days close imprisonment, or
for whipping on the bare back not exceeding fifteen lashes.

62. That in all cases where the sentence is discretionary, no gen-
eral court-martial shall adjudge the offender, if a commissioned of-
ficer, to suffer any greater punishment than a fine or forfeiture of
his pay to the amount of ten pounds, to make proper concessions,
or to ask pardon, to be reprimanded or cashiered, or discharged
from the service; or if the offender be a non-commissioned officer
14