WHEREAS the raising or keeping a Standing Army within this Kingdome in time of Peace unlesse it be
with Consent of Parlyament is against Law And whereas it is judged necessary by Their Majestyes and
this present Parliament That dureing this time of Danger severall of the Forces which are now on foote should
be continued and others raised for the Safety of the Kingdome for the Common Defence of the Protestant
Religion and for the reduceing of Ireland
And whereas noe Man may be forejudged of Life or Limbe or subjected to any kinde of punishment by Martiall
Law or in any other manner then by the Judgement of his Peeres and according to the knowne and Established
Laws of this Realme Yet neverthelesse it being requisite for retaineing such Forces as are or shall be raised
dureing this Exigence of Affaires in their Duty an exact Discipline be observed And that Soldiers who shall
Mutiny or stirr up Sedition or shall desert Their Majestyes Service be brought to a more Exemplary and speedy
Punishment then the usuall Forms of Law will allow
Exciting Mutiny.; Punishment.
Bee it therefore Enacted by the King and Queenes most Excellent Majestyes by and with the Advice and
Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament Assembled and by
Authoritie of the same That from and after the Twelfth day of Aprill in the Yeare of our Lord One thousand
six hundred eighty nine every Person being in Their Majestyes Service in the Army and being Mustered and in
Pay as an Officer or Soldier who shall at any time before the Tenth Day of November in the Yeare of our Lord One
thousand six hundred eighty nine Excite Cause or Joyne in any Mutiny or Sedition in the Army or shall desert Their
Majestyes Service in the Army shall suffer Death or such other Punishment as by a Court-Martiall shall be Inflicted
III. Crown may grant Commissions to call Court Martials.
And it is hereby further Enacted and Declared That Their Majestyes or the Generall of Their Army for the
time being may by vertue of this Act have full Power and Authority to grant Commissions to any Lieftenants
Generall or other Officers not under the Degree of Collonells from time to time to Call and Assemble Court
Martialls for Punishing such Offences as aforesaid
IV. Number of Members.
And it is hereby further Enacted and Declared That noe Court Martiall which shall have power to inflict
any punishment by vertue of this Act for the Offences aforesaid shall consist of fewer then thirteene whereof none
to be under the degree of Captaines.
V. Field Officers how tried.
Court may administer Oath.
Provided alwayes That noe Field Officer be Tryed by other then Field Officers And that such Court Martiall
shall have Power and Authoritie to administer an Oath to any Witnesse in order to the Examination or Tryall of
the Offences aforesaid
VI. Proviso for ordinary Process of Law.
Provided alwayes That nothing in this Act contained shall extend or be construed to Exempt any Officer or
Soldier whatsoever from the Ordinary Processe of Law
VII. Act not to extend to Militia.
Provided alwayes That this Act or any thing therein contained shall not extend or be any wayes construed to
extend to or concerne any the Militia Forces of this Kingdome
VIII. Act in force till 10th Nov. 1689.
Provided alsoe that this Act shall continue and be in Force untill the said Tenth day of November in the
said Yeare of our Lord One thousand six hundred eighty nine and noe longer
IX. Members of Court Martial to take an Oath.
[Provided alwayes and bee it enacted That in all Tryalls of Offenders by Courts Martiall to be held by
vertue of this Act where the Offence may be punished by death every Officer present at such Tryall before
any Proceeding be had thereupon shall take an Oath upon the Evangelists before the Court (and the Judge
Advocate or his Deputy shall and are hereby respectively Authorized to Administer the same) in these words
That is to say
You shall well and truely Try and Determine according to your Evidence the Matter now before you betweene
Our Soveraigne Lord and Lady the King and Queens Majestyes and the Prisoner to be Tryed.
Soe helpe you God.
X. Where Sentence of Death given, Number of Majority of Officers.
And noe Sentence of Death shall be given [against (fn. 1) ] any Offender in such Case by any Court Martiall unlesse
nine of Thirteene Officers present shall concurr therein And if there be a greater number of Officers present
then the Judgement shall passe by the concurrence of the greater part of them soe Sworne and not otherwise
and noe Proceedings Tryall or Sentence of Death shall be had or given against any Offender but betweene the
houres of Eight in the Morning and One in the Afternoone. (fn. 2) ]