Militia & Associated Companies of Bucks County Pennsylvania

Articles of Association of Pennsylvania

On August 3, 1775, the Pennsylvania Committee of Safety resolved, 

"That  Doct'r [Benjamin] Franklin, Andrew Allen, Colo. Cadwalader, Colo. Wayne, Colo. Ross, Colo. Roberdean, & Major Johnston, be a Committee to prepare a Draught of Rules & Regulations for the good Government of the Associators of this Province..."

This committee returned its first draft document August 17, 1775.  After several revisions and amendments a final draft of rules and regulations, known as the Articles of Association of Pennsylvania, was formally adopted two days later.

 Articles of Association of Pennsylvania

We, the officers and soldiers, engaged in the present association for the defense of American Liberty, being fully sensible that the Strength and Security of any Body of Men, acting together, consists in just regularity, due subordination, and exact obedience to command, without which no individual can have that confidence in the support of those about him, that is so necessary to give firmness and resolution to the whole, Do Voluntarily and Freely, after consideration of the following articles, adopt the same as the Rules by which we agree and resolve to be Governed in all our Military concerns and operations untill [sic] the same, or any of them, shall be changed or dissolved by the Assembly, or Provincial Convention, or in their recess by the Committee of Safety, or a happy reconciliation shall take place between Great Britain and the Colonies:

1st.  If any Officer make use of any profane Oath or execration, when on duty, he shall forfeit and pay for each and every such Offense, the Sum of Five Shillings. And if a Non-Commission'd Officer or Soldier be thus guilty of cursing or Swearing, he shall forfeit and pay, for each and every offence, the Sum of One Shilling.

2nd.  Any Officer or Soldier who shall refuse to obey the Lawfull [sic] orders of his Superior-Officer, may be suspended from doing duty on that day, and shall upon being convicted thereof before a Regimental Court Martial, make such concessions as said Court Martial shall direct.

3rd.  Any Officer or Soldier who shall begin, excite, cause, join in, or promote any disturbance in the Battalion, Troop or Company, shall be censured according to the nature of the offence, by the judgment of a Regimental Court Martial.

4th.  Any Officer or Soldier who shall strike his Superior-Officer, or draw or offer to draw, or lift up any Weapon, or offer any Violence against him, being in the execution of his office, shall, upon conviction before a Regimental Court Martial, be dismissed, and shall be deemed to be thereby disgraced as unworthy the Company of Freemen.

5th.  Any Commanding or other Officer who shall strike any person when on duty, shall, upon conviction before a General Court Martial, be in like manner dismissed and disgraced.

6th.  Any Officer, non-Commissioned Officer or Soldier, who shall make use of insolent, provoking or indecent language while on duty, shall suffer such censure or fine as shall be inflicted by a Regimental Court Martial, according to the nature of the offence.

7th.  If any Officer or Soldier should think himself injured by his Colonel, or the Commanding Officer of the Battalion, & shall upon due application made to him, be refused redress, he may complain to the General of the Pennsylvania Associators, or to the Colonel of any other Battalion, who is to summon a General Court Martial, and see that justice be done.

8th.  If any inferior Officer or Soldier shall think himself injured by his Captain, or other Superior Officer in the Battalion, Troop or Company to which he belongs, he may complain to the Commanding Officer of the Regiment, who is to summon a Regimental Court Martial, for the doing Justice according to the Nature of the case.

9th.  No Officer, Non-Commission'd Officer of Soldier shall fail of repairing with their arms, ammunition and accoutrements upon any regular alarm, or at the time fixed, to the place of parade or other rendevous [sic] appointed by the Commanding Officer, if not prevented by Sickness or some other evident necessity, or shall go from the place of the parade without leave of the Commanding Officer before he shall be regularly dismissed, on penalty of being fined or censured according to the nature of the offence, by the sentence of a Regimental Court Martial. But no officer or soldier shall be obliged to attend to learn Military Exercise more than once in a week.

10th.  Any Officer or Soldier found Drunk when under Arms, shall be suspended from doing duty in the Battalion, Company or Troop on that day, and be fined or censured, at the discretion of a Regimental Court Martial.

11th.  What ever Centinel [sic] shall be found Sleeping upon his post, or shall leave it before he is regularly relieved, shall suffer such penalty or disgrace as shall be ordered by a Regimental Court Martial.

12th.  Whatever Comission'd Officer shall be convicted before a General Court Martial, of behaving in a Scandalous or infamous manner, unbecoming the Character of an Officer and a Gentleman, shall be dismissed from the association with disgrace.

13th.  Every non-Commission'd Officer or Soldier who shall be convicted at a Regimental Court Martial of having sold, carelessly lost, wilfully [sic] spoiled or wasted, or having offer'd for Sale any ammunition, arms or accoutrements belonging to this Province, shall be dismissed from such Battalion, Troop or Company, as an unworthy member, and be prosecuted as the law directs.

14th.  All disorders and neglects which Officers and Soldiers may be guilty of, to the prejudice of the good order and Military discipline of the Association in this Colony, are to be taken cognizance of by a General or Regimental Court Martial, according to the nature and degree of the Offence, and be censured at their discretion.

15th.  That on the first Meeting of every Battalion, after subscribing these articles of association, and from thence forward on the first meeting of every Battalion after the third Monday in September annually, there be chosen two Persons, such as are entitled to Vote for Members of Assembly, out of each Company in the respective Battalions, by the non-Commission'd officers and privates, whose duty and Office shall be for the year following, to set and join with the Officers in Court Martial, which persons so chosen shall be Styled Court Martial Men.

16th.  Every General Court Martial shall consist of thirteen members, Six of whom shall be Commission'd Officers under the Rank of a Field Officer and Six Court Martial Men, who shall be drawn by Lott [sic] out of the whole Number, and these twelve are to choose a president, who shall be a field Officer and have a Casting Voice.

17th.  Every Regimental Court Martial shall be composed of Seven Members, three Officers, three Court Martial Men & a President, who is to be a Captain, and to be chosen by the Six, and also have a casting Voice.

18th.  In all Courts Martial not less than two-thirds of the Members must agree in every sentence for inflicting penalties, or for disgracing any Associator, otherwise he shall be acquitted.

19th.  The President of each and every court Martial, whether Regimental or General, shall require all witnesses in order to trial of offenders to declare on their Honor, that what they give in as evidence is the truth, and the Members of all Courts Martial shall make a declaration to the president, and the President to the next Rank, upon their Honor, that they will give Judgment with impartiality.

20th.  All non-Commission'd Officers, Drummers, Fifers, or others, that shall be employed and receive pay in any of the Battalions, Companies or Troops, shall subscribe these rules and Regulations, and be subject to such fines, to be deducted from their pay, and to such pentals [sic] as a Regimental Court Martial shall think proper, upon being convicted of having transgressed any of these regulations.

21st.  All Associators called as Witnesses in any case before a Court Martial, who shall refuse to attend and give evidence, shall be censured or fined, at the discretion of the Court Martial.

22nd.  No Officer or Soldier being charged with transgressing these Rules, shall be suffer'd to do duty in the Regiment, Company or Troop to which he belongs, until he has had his trial by a Court Martial ; and every person so charged, shall be tried as soon as a Court Martial can be conveniently assembled.

23rd.  The Officers and soldiers of every Company of Artillery, or other Company Troop or Party, that is or shall be annexed to any Battalion, shall be subject to the command of the Colonel or Commanding Officer of said Battalion, and the Officers shall sit as Members of Courts Martial in the same manner as the officers of any other Company.

24th.  No Penalty shall be inflicted at the discretion of a Court Martial, other than degrading, cashiering, or fining, the fines for the Officers not to exceed three pounds, and the fine for a Non-Commissioned Officer or Soldier, not to exceed twelve shillings for one fault.

25th.  The Field Officers of each and every Battalion shall appoint a Person to receive such fines as may arise within the same, for breach of any of these articles, and shall direct those fines to be carefully and properly applied to the relief of the Sick, wounded, or necessitous Soldiers belonging to that Battalion, and such persons shall account with the Field Officers for all fines receiv'd, and the application thereof.

26th.  The General or Commander-in-Chief of this Association, for the time being, shall have full power of pardoning or mitigating any censures or penalties order'd to be inflicted for the breach of any of these articles by any General Court Martial ; and every offender convicted as aforesaid, by any Regimental Court Martial, may be pardoned, or have his penalties mitigated by the Colonel or Commanding Officer of the Battalion, excepting only where such censures or penalties are directed as satisfaction for injuries received by one Officer or Soldier from another.

27th.  Any Officer, non commissioned Officer, or other person, who having subscribed these articles, shall refuse to make such concessions, pay such fines, or in any other matter refuse to comply with the judgment of any Court Martial, shall be dismissed the Service, and held up to the publick [sic] as unfriendly to the Liberties of America.

28th.  Upon the determination of any point by a Regimental Court Martial, if the Officer or Soldier concerned on either side, thinks himself still aggrieved, he may appeal to the General Court Martial; but, if upon a second hearing, the appeal appears groundless and vexatious, the person appealing shall be censured, at the discretion of the General Court Martial.

29th.  Upon the Death, resignation, promotion, or other removal of an Officer from any Battalion, Troop, or Company, (except Field Officers,) or ant Court Martial Men, such vacancy is to be fill'd by the Person or persons such Troop or Company shall elect.

30th.  No Officers or soldiers shall be tried a second time for the same Offence, except in case of appeal.

31st.  All Officers and Soldiers of every battalion, Troop, Company, or party of Associators, who shall be called by the Assembly, or Committee of Safety in recess of Assembly, into actual service, and be on pay, shall, when acting by themselves, or in conjunction with Continental Forces, be subject to all rules and articles made by the Honourable Congress for the Government of the Continental Troops.

32nd.  No Commission'd, non-Commission'd Officer or private, shall withdraw himself from the company to which he belongs, without a discharge from the Commanding Officer of the Battalion, nor shall such persons be receiv'd into any other company without such discharge.

     In Testimony of our approbation and consent to be governed by the above regulations, which have been deliberately read to, or carefully perused by us, we have hereunto set our hands.

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