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)

  1. 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.
  2. 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
  3. No person to game at cards or dice for money
  4. 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.
  5. Pieces, pistols and cutlasses to be kept clean for service.
  6. 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.
  7. To desert the ship or quarters in battle is punishable by death or marooning.
  8. No striking one another on board; all mens quarrels to be ended on shore, at sword or pistol.
  9. 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.
  10. 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.
  11. 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)

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. The man that shall strike another whilst these articles are in force shall receive Moses Law on the bare back
    6. 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.
    7. 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.
    8. If any man shall lose a joint in time of an engagement, he shall have 400 pieces of eight, if a limb, 800.
    9. 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)

    1. 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
    2. 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
    3. 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
    4. 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
    5. 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
    6. 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
    7. Good quarters to be given where called for
    8. 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

    1. Every sailor captured be given ample chance and encouragement to join the company and so grow their number
    2. No married man be forced to join their company
    3. Prisoners were not to be killed in cold blood
    4. No one to talk in secret with prisoners
    5. Ships of England were not to be taken (unless fate decreed otherwise, and they captured one in innocence)
    6. No boats were to be sent between ships after 8PM until morning light
    7. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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
    7. Good quarters to be given when craved
    8. He that sees a sail first shall have the best pistol or small arm aboard her
    9. He that shall be guilty of drunkenness in time of engagement shall suffer what punishment the captain and company shall think fit
    10. 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.

The articles agreed upon by the early French buccaneers c1666

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.