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- Ships
Articles for Piracy!
Last update 21st January 2003
Pirates & merchantmen of the period could be quite democratic, especially
the pirates. Their ships have a form of contractual obligation between members
of the crew called Ships Articles. It may be considered to be a specific variant
of the Law Of The Sea and is applicable to a particular
ship. The articles were not to be divulged to non crewmen until captured sailors
were ready to sign them. All crew on a ship are expected to agree to it, or
be turfed over board, or as put plainly in some accounts, put to death if they
broke them. The articles may be modified at any time as long as the majority
of the crew agree. The crew were very loathe to break them at any time, for
they were the only rule of life that they could rely on. Listed below is a few
historical Ships Articles, and I have also written some for my specific ships
examples, on the Peach, Virtue
& Bridesmaid.
The ships articles were a vital piece of law for pirates, it was the basis
of their own security among their own men, and also the means by which they
clung to their own humanity amongst common folk. During an argument about breaking
the articles, Captain Edward Low (in his early career) said "That it
would be an ill precedent and of bad consequence; for if we once take the liberty
of breaking our Articles and Oath, then there is none of us can be sure of any
thing ... do not let us break the Laws that we have made ourselves and sworn
to."
During a discourse about breaking the rules, one master gunner remarked
unto his autocratic behaving captain "Our business here is to choose
a King for our Commonwealth; to make such Laws as we think most conducive to
the ends we design; and to keep ourselves from being overcome, and subjected
to the Penalty of those Laws made against us."
Captain Edward Low in his early career was reluctant to break his own articles.
Example of Welsh Pirate Capt Bartholomew Roberts - Black Bart 'Royal
Fortune' (d.1722)
- Every man has a vote on affairs of the moment; has equal title to the
fresh provisions of strong liquor at anytime seized, and use of them at
his pleasure unless a scarcity makes it necessary for the good of all to
vote a retrenchment.
- Every man to be fairly called in turn, by list, on board of prizes.
But if they defraud the Company, to the value of a dollar, in plate, jewels
or money, marooning is the punishment. If the robbery is only between one
another the ears and nose of him that is guilty are to be split and he is
to be set ashore, not in an uninhabited place, yet somewhere where he is
sure to encounter hardships
- No person to game at cards or dice for money
- The lights and candles are to be out by 8 o'cloc k at night. If any
of the crew after that hour are still inclined to drinking, they are to
do so upen the open deck.
- Pieces, pistols and cutlasses to be kept clean for service.
- No boy or woman to be allowed. If any man is found seducing any of
the latter sex and carries her to sea disguised, he is to suffer death.
- To desert the ship or quarters in battle is punishable by death or
marooning.
- No striking one another on board; all mens quarrels to be ended on
shore, at sword or pistol.
- No man to talk of breaking up the company till each has a share of
1000 pounds. If, in order to do this, any man should lose a limb or become
crippled in the service, he is to have 800 dollars out of the public stock,
and for lesser hurts proportionately.
- The Captain and Quartermaster to receive 2 shares of prize; the master,
botswaine and master gunner one share and a half, and other officers one
and a quarter.
- The musicians to have rest on the sabbath day, but the other six days
and nights none, without special favour.
Example of Captain John Phillips 'Revenge' (c1723)
- Every man shall obey civil command; the captain shall have one full
share and a half in prizes, the master, carpenter, botswaine and gunner
shall have one share and a quarter.
- If any man shall offer to runaway or keep any secret from the company,
he shall be marooned, with one bottle of of powder, one bottle of water,
one small firearm and shot.
- If any man shall steal anything in the company, or game to the value
of a piece of eight, he shall be marooned or shot.
- If at anytime we meet another marooner that man shall sign his articles
without the consent of our company shall suffer such punishment as the captain
and company shall think of.
- The man that shall strike another whilst these articles are in force
shall receive Moses Law on the bare back
- The man that shall snap his arms, or smoke tobacco in the hold without
a cap to his pipe, or carry a candle lightened without a lanthorn, shall
suffer the same punishment as the captain and company shall think fit.
- The man that shall not keep his arms clean, fit for an engagement,
or neglect his business, shall be cut off from his share, and suffer such
punishment as the captain and company shall think fit.
- If any man shall lose a joint in time of an engagement, he shall have
400 pieces of eight, if a limb, 800.
- If at any time you meet with a prudent woman, that man that offers
to meddle with her, without her consent, shall suffer present death.
Example of Captain George Lowther 'Gambia Castle/ Happy Delivery'
(d1723)
- The captain is to have two full shares, the master is to have one
share and a half, the doctor, mate, gunner and botswaine one share and
a quarter
- He that shall be found guilty of taking up any unlawful weapon on
board the privateer, or prize by us taken, so as to strike or abuse another,
in any regard, shall suffer what punishment the captain and majority of
the company shall think fit
- He that shall be found guilty of cowardice, in the time of engagement,
shall suffer what punishment the captain and majority of the company shall
think fit
- If any gold, jewels, silver etc be found on board any prize or prizes,
to the value of a piece of eight, and the finder do not deliver it to
the quarter master, in the space of 24 hours, shall suffer what punishment
the captain and majority of the company shall think fit
- He tht is found guilty of gambling or defrauding another to the value
of a shilling shall suffer what punishment the captain and majority of
the company shall think fit
- He that shall have the misfortune to lose a limb, in time of engagement,
shall have the sum of 150 pounds sterling, and remain with the company
as long as he sees fit
- Good quarters to be given where called for
- The first man to spy a ship shall have the best pistol or small arm
on her
Example of Captain Edward (Ned) Low (c1721-1724) This applies to the early
part of his career
- Every sailor captured be given ample chance and encouragement to
join the company and so grow their number
- No married man be forced to join their company
- Prisoners were not to be killed in cold blood
- No one to talk in secret with prisoners
- Ships of England were not to be taken (unless fate decreed otherwise,
and they captured one in innocence)
- No boats were to be sent between ships after 8PM until morning light
- That if any of the Company shall advise, or speak any thing tending
to the separating or breaking of the Company, or shall by any Means offer
or endeavour to desert or quit the Company, that person shall be shot
to Death by the Quarter Master's Order, without the sentence of a Court
Martial.
A copy of his articles printed on 8th Aug 1723 listed
- The captain is to have two full shares, the master is to have one
share and a half, the doctor, mate, gunner and botswaine, one share and
a quarter.
- He that shall be found guilty of taking up any unlawful weapon on
board the privateer or any other prize by us taken, so as to strike or
abuse one another in any regard, shall suffer what punishment the captain
and majority of the company shall see fit.
- He that shall eb found guilty of cowardice in the time of engagements,
shall suffer what punishment the captain and majority of the company shall
think fit.
- If any gold, jewels, silver etc be found on board any prize or prizes
to the valu eof a piece of eight, and the finder does not deliver it unto
the quarter master in the space of 24 hours, she shall suffer what punishment
the captain and majority of the company shall think fit.
- He that is found guilty of gaming, or defrauding one anotehr to the
value of a royal plate, shall suffer what punishment the captain and majority
of the company shall think fit.
- He that shall have the misfortune to loose a limb in time of engagement
shall have the sum of 600 pieces of eight, and remain aboard as long as
he sees fit
- Good quarters to be given when craved
- He that sees a sail first shall have the best pistol or small arm
aboard her
- He that shall be guilty of drunkenness in time of engagement shall
suffer what punishment the captain and company shall think fit
- No snapping of guns in the hold
The articles agreed upon by Henry Morgan's fleet prior to the attack on
St Catalina December 1670. Note these articles were agreed upon by the captains
and leading officers of the vessels involved, the captains actually being appointed
by Morgan shortly before hand. Morgan and the officers then signed them.
- Morgan should receive 1/100th of the proceeds of the venture. This was
also voted on by the crew
- The captains would receive 8 shares for the use of their ship, plus their
own share (ie 9 shares). This was voted on by the lesser officers
- Surgeons receive one share plus 200 pieces of eight for their medicine
chest
- Carpenters to receive one share plus 100 pieces of eight
- Every other man to receive one share
- Grenadiers to receive an extra five pieces of eight for every grenade
they threw into a fort
- Special bonuses for spectacular behaviour
- The first to tear down a flag and hoist the English flag got an extra
50 pieces of eight
- The person who brought in a prisoner when local expertise was needed
got an extra 200 pieces of eight
- Compensations given in pieces of eight, but originally also listed as
slaves where 1 slave = 100 pieces of eight on top of the normal share
- Loss of two legs - 1500 pieces of eight
- Loss of both hands - 1800 pieces of eight
- Loss of one leg or hand - 600 pieces of eight
- Loss of eye or finger - 100 pieces of eight
- A severe wound requiring the insertion of a pipe (you tell me) - 500
pieces of eight
- A crippled limb was treated as though it was lost for compensation
purposes
- Compensations were removed from the common booty before it was split
up
- Ships taken at sea or in port would become part of the general booty,
though the ship whose crew was first on the prize would receive 10% of the
ships value, with a minimum of 1000 pieces of eight
The articles agreed upon by the early French buccaneers c1666
- Hunter receives 200 pieces of eight (ie the one who captures the food
for the journey)
- Carpenter receives 100-150 pieces of eight for fitting and repairing
the ship
- Surgeon 200-250 pieces of eight for his medical supplies
- Compensations given in pieces of eight, but originally also listed as
slaves where 1 slave = 100 pieces of eight on top of the normal share
- Loss of right arm - 600 pieces of eight
- Loss of left arm - 500 pieces of eight
- Loss of right leg - 500 pieces of eight
- Loss of left leg - 400 pieces of eight
- Loss of eye or finger - 100 pieces of eight
- A severe wound requiring the insertion of a pipe (you tell me) - 500
pieces of eight
- A crippled limb was treated as though it was lost for compensation
purposes
- Compensations were removed from the common booty before it was split
up
- Captain receives 4 or 5 shares for the ship's sake, plus 2 shares for
himself
- All others receive one share except
- Boys receive half a share
Unsorted
Going on the Account or No purchase, No pay (ie no plundering done,
no money earned) This meant there was no money if there was no plunder.
This form of payment was more common than might be expected at the time,
even lawyers worked "on the account"
When a ship is plundered no pirate should keep any of it worth more
than sixpence to himself. It shall all go into the common booty for splitting
up. An oath of this type was sworn to by all pirates, and being caught cheating
it was a severe offense.