The pirate code of conduct and hierarchy at sea

Pirate Empowerment

The life of pirates: Pirate empowerment

The myths of pirates and piracy abound in literature in film. It is often difficult to disentangle myth from fact and there are numerous points-of-view about the actual event and the rationale behind piracy. Commentators often note that, "...the fictional accounts of the common sea robbers have created a romantic illusion of pirate's life." (Piracy, Then and Now.)

However, this paper will attempt to distinguish between these diverse and often fictional accounts and the actual facts of life among pirates at sea. The paper will focus on the importance of the pirate code of conduct and the way that this influenced and in fact determined the power structure of the pirate hierarchy. The paper will also attempt to provide insight into the actual lives of pirates at sea.

Brief definition of pirates and piracy

In order to understand pirate empowerment is important to briefly discuss the definition of pirates and piracy, as there are many different " types" of pirates which are commonly subsumed under the general term pirate. One definition of piracy is, pirate is any person committing a criminal acts against public authority, on the high seas outside the normal jurisdiction and laws of any state (country). By law, they can be arrested, prosecuted, and sentenced by any state that captures them. Also, by definition, the criminal act is of a private nature, that is personal gain, and not for political reasons. "

What's a Privateer, Pirate, Buccaneer, and/or Marooner?)

Piracy is therefore even today acknowledged as crime against the laws of nations and "...the public vessels of any state have been permitted to seize a pirate ship, to bring it into port, to try the crew (regardless of their nationality or domicile), and, if found guilty, to punish them and to confiscate the ship." (What's a Privateer, Pirate, Buccaneer, and/or Marooner?)

Piracy is in fact as old as civilization itself. "In the ancient Mediterranean, piracy was often closely related to maritime commerce, and the Phoenicians appear to have engaged in both, as did the Greeks, Romans, and Carthaginians." (What's a Privateer, Pirate, Buccaneer, and/or Marooner?) There were also types of piracy that were sanctioned by some governments. An example of this was the privateer; which is defined as "...a privately owned and armed ship commissioned by a government to make reprisals, to gain reparation for specified offenses in time of peace, or to prey upon the enemy in time of war, with the right of the officers and crew to share in prize money from captured vessels." (What's a Privateer, Pirate, Buccaneer, and/or Marooner?)

Buccaneers referred originally to French pirates in the Caribbean but was a term later used to refer to pirates in general.

4.1. Codes of conduct

The crew of any pirate ship adhered to a strict code of conduct that was outlined by the captain. There was usually very little room in the lives of pirates for variations or ambiguities in this rule of conduct. Punishment for the transgressions of the rules and laws on a typical pirate ship were often harsh and swift. "When a rule was breached, the crew was often without pity or remorse in punishing a guilty crew member. Although in cases of particularly useful pirates such as skillful fighters, exceptions were inevitably made." (Wilczy-ski)

These rule and laws were encapsulated in what was as known as the Pirate Code of Conduct. This was in essence an agreement between the captain and the crew. These agreements, which were essential for the discipline the orderly running of the ship, were referred to as articles.

It is noted in many studies that the pirates in general were very democratic and that the captain of any ship was elected by the crew and in fact they could "... lose their position for abuse of their authority." (Pirate Code of Conduct) In reality the typical pirate captain had very few privileges

The pirate code of conduct and the articles of this code were therefore an essential set of rules which formalized and clarified the relationship between the captain and the crew and also made clear what was and was not allowed on board a pirate ship. A typical code of conduct included the following central aspects.

Equal voting rights

Fair share of the loot and pirates punishments for those who cheated

Gambling was banned

Each pirate was responsible for the upkeep of their weapons

No women allowed on board penalty for desertion

Pension according to the severity of wounds

Shares of the loot or booty

Pirate Code of Conduct)

These and other articles of the code of conduct were designed to ensure not only that authority was maintained through mutual agreement about standards of behavior but, most importantly, they were essential to ensure that the ship was well - run.

An actual example of a pirate code of conduct is Bartholomew Roberts Shipboard Articles, 1721.

Bartholomew Roberts or "Black Bart" was one of the most notorious and a successful pirate of his day and his name often appears in popular fiction about piracy. It should be noted that the code of conduct is also an indication of the fact that an essential part of the success of a pirate captain was that the rules that he administered were democratically agreed on by the crew. This again emphasizes the view that pirates were much more democratic than is often believed to be the case. This central trait is not often portrayed in popular depictions of pirates. The code of conduct was therefore, "...an important element of the success of this particular Pirate." (Pirate Code of Conduct)

The following are a few selected articles of Black Bart's code of conduct that serves to illustrate some of the points already made.

ARTICLE I - Every man shall have an equal vote in affairs of moment. He shall have an equal title to the fresh provisions or strong liquors at any time seized, and shall use them at pleasure unless a scarcity may make it necessary for the common good that a retrenchment may be voted.

ARTICLE III - None shall game for money either with dice or cards.

ARTICLE VI - No boy or woman to be allowed amongst them. If any man shall be found seducing any of the latter sex and carrying her to sea in disguise he shall suffer death.

ARTICLE VII - He that shall desert the ship or his quarters in time of battle shall be punished by death or marooning.

ARTICLE VIII - None shall strike another on board the ship, but every man's quarrel shall be ended on shore by sword or pistol in this manner. At the word of command from the quartermaster, each man being previously placed back to back, shall turn and fire immediately. If any man do not, the quartermaster shall knock the piece out of his hand. If both miss their aim they shall take to their cutlasses, and he that draweth first blood shall be declared the victor.

Pirate Code of Conduct)

The democratic regime of the successful pirate ship is also illustrated by the following article. "ARTICLE IX - No man shall talk of breaking up their way of living till each has a share of l,000. Every man who shall become a cripple or lose a limb in the service shall have 800 pieces of eight from the common stock and for lesser hurts proportionately." (Pirate Code of Conduct)

This shows that there was a clear sense of sharing and equality among the pirates that was not only essential for the ordered running of the ship but also ensured that the pirate crew felt protected against misadventure and casualties.

Punishments, as have already been mentioned, were often meted out in strict accordance with any breach of the code of conduct.

It was often swift and merciless, as the following article illustrates. "That Man that shall strike another whilst these Articles are in force shall receive Mose's Law (that is 40 stripes lacking one) on the bare Back." (Wilczy-ski)

4.3. The power structure in the pirate community.

The chain of command in the pirate hierarchy was more of a functional aspect than it as was a privilege. This is well illustrated in another article from the code of conduct. "Every man shall obey civil Command; the Captain shall have one full share and a half in all Prizes; the Master, Carpenter, Boatswain and Gunner shall have one Share and quarter. "(Wilczy-ski) This shows that there was a chain of command with certain difference and privileges.

However, the point is also reiterated in many studies on piracy that the captain and the pirate power structure were essentially democratic and could be changed at any time. The captain was elected and led because of his abilities and not merely because he held the position of captain of the ship. Power was therefore heavily dependent on ability.

Contrary to the book Treasure Island, Most Captains didn't command by an iron fist, they commanded because of skill, daring, and the ability to win prize and booty. The Pirate ship elected its Captain through a vote. If the Captain fell in disfavor The crew were just as quick to maroon their captain, or throw him overboard, or perhaps if he were lucky they would just let him off at the nearest port...it is safe to assume that if a Captain had a bad cruise with little to show for it and the end of it, it would be difficult for him to raise a new crew in the future.

Pirate's Life)

In fact many studies show that the captain had very little real authority beyond his personal abilities and was often only really in command in time of battle. "... The Captain never had the last say, except perhaps in the midst of battle. In fact at certain times, the Captain had no more power than every other pirate on board. When not in battle or preparing to fight, quite often the Quartermaster might actually be in charge of the ship." (A Pirate's Life)

Contemporary literature and film do not often refer to this intense sense of democracy that influenced the power structure on most pirate ships. The following quotation illustrates the democratic process and the actual rather than the fictional role of the captain.

Important matters such as where the ship might sail, or rather or not to put into port, or if a certain ship should be engaged and so on, were quite often not up to the Captain. These pressing details were decided by vote, with the majority ruling. If the Captain were to go against the vote, then he too would be in violation of the Articles of Piracy, and would most likely step down from command and new leader would be chosen.

Pirate's Life)

In the final analyses the empowerment process in the typical pirate ship was a democratic one. This process of democratic empowerment is equally true of the Caribbean buccaneers. It is claimed that these pirates even created a very egalitarian and democratic society. "Thus, if anything, the buccaneers appear to have created and administered a more egalitarian and equal society than any in Europe at that time. " (Buccaneers, Pirates and Privateers)

Therefore while there was a structure of command and control in the pirate community which extended from the captain to the quartermaster downwards, yet this structure was not fixed to set in stone. Rather the rules of conduct which were democratically drawn up and the rules of the pirate world were the real power structure which all, including the captain had to adhere to.