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Mutiny Act 1692
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VIII.How the Trial shall be in Capital Cases.
Oath by Officers; Number of Officers to concur in Sentence; Hours of Trial.
Provided always and bee it enacted That in all Tryals of Offenders by Courts Martial to be held by virtue of this Act where the Offence may be punished by Death every Officer present att such Tryal before any Proceeding be had thereupon shall take an Oath upon the Evangelists before the Court and the next Justice of Peace Judge Advocate or his Deputy or one of them are hereby 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 between our Sovereigne Lord and Lady the King and Queens Ma [X1ties] and the Prisoner to be tryed So help you God And no Sentence of Death shall be given against any Offender in such case by any Court Martial unlesse Nine of Thirteen Officers present shall concur therein And if there be X2 greater number of Officers present then the Judgment shall passe by the concurrence of the greater part of them so sworne which major part shall not be lesse than Nine and not otherwise. And no Proceedings Tryal or Sentence of Death shall bee had or given against any Offender but between the hours of eight in the Morning and one in the Afternoon.
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