1787-11-13 (static/transcriptions/1787/11/290.jpg)

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That Milit: Surgeons in the Compy’s Service have only warrants and are not commissioned officers, may be considered as a fact, but it is not a particular fact respecting an individual & confined to the knowledge of a few persons, but a general regulation of the Army affecting a considerable body of men, which is certainly known to all the Surgeons the army, & probably to all the officers, and might have been known by Mr. Bristow if he had inquired. Nec supina ignomatia [ILL] est, factum ignorantis. Dig: 22:6.6.
But it may be said how was Mr. B. to know that Warrant officers could not be tried for Conduct