Pirate code of the Brethren
Encyclopedia
A pirate code was a code of conduct
Code of Conduct
A code of conduct is a set of rules outlining the responsibilities of or proper practices for an individual, party or organization. Related concepts include ethical codes and honor codes....

 invented for governing pirates, and first introduced by the Portuguese buccaneer, Bartolomeu Português
Bartolomeu Português
Bartolomeu Português was a Portuguese buccaneer who attacked Spanish shipping in the late 1660s; he also established one of the earliest sets of rules popularly known in pirate lore as "the Pirate's Code", later used by the pirates of the 18th century such as John Philips, Edward Low, and...

. Generally each pirate crew had its own code or articles, which provided rules for discipline, division of stolen goods, and compensation for injured pirates.

Buccaneer
Buccaneer
The buccaneers were privateers who attacked Spanish shipping in the Caribbean Sea during the late 17th century.The term buccaneer is now used generally as a synonym for pirate...

s began operating under a set of rules variously called the Chasse-Partie, Charter Party, Custom of the Coast, or Jamaica Discipline. These eventually became known as Articles of Agreement, or the pirate's code. Pirate articles varied from one captain to another, and sometimes even from one voyage to another, but they were generally alike in including provisions for discipline
Discipline
In its original sense, discipline is referred to systematic instruction given to disciples to train them as students in a craft or trade, or to follow a particular code of conduct or "order". Often, the phrase "to discipline" carries a negative connotation. This is because enforcement of order –...

, specifications for each crewmate's share of treasure, and compensation for the injured.

Each crew member was asked to sign or make his mark on the articles, then swear an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...

 of allegiance or honor. The oath was sometimes taken on a Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...

, but John Phillips' men, lacking a Bible, swore on an axe. Legend suggests that other pirates swore on crossed pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...

s, sword
Sword
A sword is a bladed weapon used primarily for cutting or thrusting. The precise definition of the term varies with the historical epoch or the geographical region under consideration...

s, or on a human skull
Human skull
The human skull is a bony structure, skeleton, that is in the human head and which supports the structures of the face and forms a cavity for the brain.In humans, the adult skull is normally made up of 22 bones...

, or astride a cannon
Naval artillery in the Age of Sail
Naval artillery in the Age of Sail encompasses the period of roughly 1571-1863: when large, sail-powered wooden naval warships dominated the high seas, mounting a bewildering variety of different types and sizes of cannon as their main armament. By modern standards, these cannon were extremely...

. This act formally inducted the signer into the pirate crew, generally entitling him to vote for officers and on other "affairs of moment," to bear arms, and to his share of the plunder. The articles having been signed, they were then posted in a prominent place, often the door of the grand cabin.

After a piratical cruise began, new recruits from captured ships would sometimes sign the articles, in some cases voluntarily, in other cases under threat of torture or death. Valuable sea artists, such as carpenter
Carpenter
A carpenter is a skilled craftsperson who works with timber to construct, install and maintain buildings, furniture, and other objects. The work, known as carpentry, may involve manual labor and work outdoors....

s and navigators
Navigation
Navigation is the process of monitoring and controlling the movement of a craft or vehicle from one place to another. It is also the term of art used for the specialized knowledge used by navigators to perform navigation tasks...

, were especially likely to be forced to sign articles under duress, and would rarely be released regardless of their decision to sign or not. In some cases, even willing recruits would ask the pirates to pretend to force them to sign, so that they could plead they were forced should they ever be captured by the law. Generally, men who had not signed the articles had a much better chance of acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...

 at trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...

 if captured by the law.

Pirate articles are closely related to, and in some cases derived from, privateering articles, which similarly provided for discipline and regulated distribution of booty (though usually far less equally than with pirate articles). By the 19th century, ordinary merchant ships also had articles specifying wages and rules, which crewmen had to sign upon shipping aboard. Merchant articles and privateering articles can be traced back to Europe in the Middle Ages when there was a system of 'joint hands' agreements between merchants, owners and seamen to share profits.
Four complete or nearly complete sets of piratical articles have survived, chiefly from Charles Johnson
Charles Johnson (pirate biographer)
Captain Charles Johnson is the British author of the 1724 book A General History of the Robberies and Murders of the most notorious Pyrates, though his identity remains a mystery. No record of a captain by this name exists. Some scholars have suggested that "Charles Johnson" was actually Daniel...

's A General History of the Pyrates
A General History of the Pyrates
A General History of the Robberies and Murders of the most notorious Pyrates is a 1724 book published in Britain, containing biographies of contemporary pirates. Influential in shaping popular conceptions of pirates, it is the prime source for the biographies of many well known pirates...

, first published in 1724. A partial code from Henry Morgan
Henry Morgan
Admiral Sir Henry Morgan was an Admiral of the Royal Navy, a privateer, and a pirate who made a name for himself during activities in the Caribbean, primarily raiding Spanish settlements...

 is preserved in Alexandre Exquemelin
Alexandre Exquemelin
Alexandre Olivier Exquemelin was a French writer best known as the author of one of the most important sourcebooks of 17th century piracy, first published in Dutch as De Americaensche Zee-Roovers, in Amsterdam, by Jan ten Hoorn, in 1678.Born about 1645, it is likely that Exquemelin was a native of...

's 1678 book The Buccaneers of America. Many other pirates are known to have had articles. Few pirate articles have survived, because pirates on the verge of capture or surrender usually burned their articles or threw them overboard, to prevent the papers being used against them at trial.

I. Every man has a vote in affairs of moment; has equal title to the fresh provisions, or strong liquors, at any time seized, and may use them at pleasure, unless a scarcity (not an uncommon thing among them) makes it necessary, for the good of all, to vote a retrenchment.

II. Every man to be called fairly in turn, by list, on board of prizes because, (over and above their proper share) they were on these occasions allowed a shift of clothes: but if they defrauded the company to the value of a dollar in plate, jewels, or money, marooning
Marooning
Marooning is the intentional leaving of someone in a remote area, such as an uninhabited island. The word appears in writing in approximately 1709, and is derived from the term maroon, a word for a fugitive slave, which could be a corruption of Spanish cimarrón, meaning a household animal who has...

 was their punishment. If the robbery was only betwixt one another, they contented themselves with slitting the ears and nose of him that was guilty, and set him on shore, not in an uninhabited place, but somewhere, where he was sure to encounter hardships.

III. No person to game at cards or dice for money.

IV. The lights and candles to be put out at eight o'clock at night: if any of the crew, after that hour still remained inclined for drinking, they were to do it on the open deck.

V. To keep their piece, pistols, and cutlass clean and fit for service.

VI. No boy or woman to be allowed amongst them. If any man were to be found seducing any of the latter sex, and carried her to sea, disguised, he was to suffer death; (so that when any fell into their hands, as it chanced in the Onslow, they put a sentinel immediately over her to prevent ill consequences from so dangerous an instrument of division and quarrel; but then here lies the roguery; they contend who shall be sentinel, which happens generally to one of the greatest bullies, who, to secure the lady's virtue, will let none lie with her but himself.)

VII. To desert the ship or their quarters in battle, was punished with death or marooning.

VIII. No striking one another on board, but every man's quarrels to be ended on shore, at sword and pistol. (The quarter-master of the ship, when the parties will not come to any reconciliation, accompanies them on shore with what assistance he thinks proper, and turns the disputant back to back, at so many paces distance; at the word of command, they turn and fire immediately, (or else the piece is knocked out of their hands). If both miss, they come to their cutlasses, and then he is declared the victor who draws the first blood.)

IX. No man to talk of breaking up their way of living, till each had shared one thousand pounds. If in order to this, any man should lose a limb, or become a cripple in their service, he was to have eight hundred dollars, out of the public stock, and for lesser hurts, proportionately.

X. The captain and quartermaster to receive two shares of a prize: the master, boatswain, and gunner, one share and a half, and other officers one and quarter.

XI. The musicians to have rest on the Sabbath Day, but the other six days and nights, none without special favour.

Captain John Phillips's articles

Captain John Phillips
John Phillips (pirate)
John Phillips was an English pirate captain. He started his piratical career in 1721 under Thomas Anstis, and stole his own pirate vessel in 1723. He died in a surprise attack by his own prisoners...

, captain of the Revenge, also set a code for his men in 1724:

I. Every Man Shall obey civil Command; the Captain shall have one full Share and a half of all Prizes; the Master, Carpenter, Boatswain and Gunner shall have one Share and quarter.

II. If any Man shall offer to run away, or keep any Secret from the Company, he shall be marooned with one Bottle of Powder, one Bottle of Water, one small Arm, and Shot.

III. If any Man shall steal any Thing in the Company, or game, to the Value of a Piece of Eight
Spanish dollar
The Spanish dollar is a silver coin, of approximately 38 mm diameter, worth eight reales, that was minted in the Spanish Empire after a Spanish currency reform in 1497. Its purpose was to correspond to the German thaler...

, he shall be marooned or shot.

IV. If any time we shall 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 fit.

V. That Man that shall strike another whilst these Articles are in force, shall receive Moses’s Law (that is, 40 Stripes lacking one) on the bare Back.

VI. That Man that shall snap his Arms, or smoke Tobacco in the Hold, without a Cap to his Pipe, or carry a Candle lighted without a Lanthorn, shall suffer the same Punishment as in the former Article.

VII. That Man shall not keep his Arms clean, fit for an Engagement, or neglect his Business, shall be cut off from his Share, and suffer such other Punishment as the Captain and the Company shall think fit.

VIII. If any Man shall lose a Joint in time of an Engagement, shall have 400 Pieces of Eight ; if a Limb, 800.

IX. 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.

Articles of Edward Low and George Lowther

The articles listed below are attributed by the Boston News-Letter to Captain Edward Low. The first eight of these articles are essentially identical to those attributed to pirate captain George Lowther
George Lowther
George Lowther may refer to:*George Lowther *George Lowther...

 by Charles Johnson. Since Lowther and Low are known to have sailed together from about New Year's
New Year's Day
New Year's Day is observed on January 1, the first day of the year on the modern Gregorian calendar as well as the Julian calendar used in ancient Rome...

 to May 28, 1722, it is probable that both reports are correct and that Low and Lowther shared the same articles, with Low's two extra articles being an ordinance, or amendment, adopted after the two crews separated.

I. The Captain is to have two full Shares; the Quartermaster is to have one Share and one Half; The Doctor, Mate, Gunner and Boatswain, one Share and one Quarter.

II. 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 the Majority of the Company shall see fit.

III. He that shall be found Guilty of Cowardice in the time of engagements, shall suffer what Punishment the Captain and the Majority of the Company shall think fit.

IV. If any Gold, Jewels, Silver, &c. be found on Board of any Prize or Prizes to the value of a Piece of Eight, & the finder do not deliver it to the Quarter Master in the space of 24 hours he shall suffer what Punishment the Captain and the Majority of the Company shall think fit.

V. He that is found Guilty of Gaming, or Defrauding one another to the value of a Royal of Plate, shall suffer what Punishment the Captain and the Majority of the Company shall think fit.

VI. He that shall have the Misfortune to lose a Limb in time of Engagement, shall have the Sum of Six hundred pieces of Eight, and remain aboard as long as he shall think fit.

VII. Good Quarters to be given when Craved.

VIII. He that sees a Sail first, shall have the best Pistol or Small Arm aboard of her.

IX. He that shall be guilty of Drunkenness in time of Engagement shall suffer what Punishment the Captain and Majority of the Company shall think fit.

X. No snapping of Guns in the Hold.

Articles of John Gow

A set of articles written in John Gow
John Gow
John Gow was a notorious pirate whose short career was immortalized by Charles Johnson in A General History of the Pyrates. Little is known of his life, except from an account by Daniel Defoe, which is often considered unreliable, the report on his execution, and an account by Mr...

's own hand was found aboard his ship, the Revenge (ex-George), in 1729. Article IV's reference to no going ashore "till the ship is off the ground" suggests that the Revenge was already grounded when the articles were written, only days before Gow and his men were captured. The code states as follows.

I. That every man shall obey his commander in all respects, as if the ship was his own, and as if he received monthly wages.

II. That no man shall give, or dispose of, the ship's provisions; but every one shall have an equal share.

III. That no man shall open, or declare to any person or persons, who they are, or what designs they are upon; and any persons so offending shall be punished with immediate death.

IV. That no man shall go on shore till the ship is off the ground, and in readiness to put to sea.

V. That every man shall keep his watch night and day; and at the hour of eight in the evening every one shall retire from gaming and drinking, in order to attend his respective station.

VI. Every person who shall offend against any of these articles shall be punished with death, or in such other manner as the ship's company shall think proper.

Articles of Henry Morgan and other buccaneers

Exquemelin writes in general terms about the articles of late 17th century Caribbean buccaneers. Although he does not attribute these articles to any specific buccaneer captain, Exquemelin almost certainly sailed with Henry Morgan as a physician, and thus his account likely reflects Morgan's articles more accurately than any other privateer or buccaneer of the time.

Exquemelin writes that the buccaneers "agree on certain articles, which are put in writing, by way of bond or obligation, which every one is bound to observe, and all of them, or the chief, set their hands to it." Although Exquemelin does not number the articles, the following approximately reflects his description of the buccaneers' laws.

1. The fund of all payments under the articles is the stock of what is gotten by the expedition, following the same law as other pirates, that is, No prey, no pay.

2. Compensation is provided the Captain for the use of his ship, and the salary of the carpenter, or shipwright, who mended, careened, and rigged the vessel (the latter usually about 150 pieces of eight). A sum for provisions and victuals is specified, usually 200 pieces of eight. A salary and compensation is specified for the surgeon and his medicine chest, usually 250 pieces of eight.

3. A standard compensation is provided for maimed and mutilated buccaneers. "Thus they order for the loss of a right arm six hundred pieces of eight, or six slaves ; for the loss of a left arm five hundred pieces of eight, or five slaves ; for a right leg five hundred pieces of eight, or five slaves ; for the left leg four hundred pieces of eight, or four slaves ; for an eye one hundred pieces of eight, or one slave ; for a finger of the hand the same reward as for the eye.

4. Shares of booty are provided as follows: "the Captain, or chief Commander, is allotted five or six portions to what the ordinary seamen have ; the Master's Mate only two ; and Officers proportionate to their employment. After whom they draw equal parts from the highest even to the lowest mariner, the boys not being omitted. For even these draw half a share, by reason that, when they happen to take a better vessel than their own, it is the duty of the boys to set fire to the ship or boat wherein they are, and then retire to the prize which they have taken."

5. "In the prizes they take, it is severely prohibited to every one to usurp anything, in particular to themselves. . . . Yea, they make a solemn oath to each other not to abscond, or conceal the least thing they find amongst the prey. If afterwards any one is found unfaithful, who has contravened the said oath, immediately he is separated and turned out of the society."

See also

  • Bartolomeu Português
    Bartolomeu Português
    Bartolomeu Português was a Portuguese buccaneer who attacked Spanish shipping in the late 1660s; he also established one of the earliest sets of rules popularly known in pirate lore as "the Pirate's Code", later used by the pirates of the 18th century such as John Philips, Edward Low, and...

  • Bartholomew Roberts
    Bartholomew Roberts
    Bartholomew Roberts , born John Roberts, was a Welsh pirate who raided ships off America and West Africa between 1719 and 1722. He was the most successful pirate of the Golden Age of Piracy. He is estimated to have captured over 470 vessels...

  • Henry Morgan
    Henry Morgan
    Admiral Sir Henry Morgan was an Admiral of the Royal Navy, a privateer, and a pirate who made a name for himself during activities in the Caribbean, primarily raiding Spanish settlements...

  • Parley
    Parley
    Parley is a discussion or conference, especially one between enemies over terms of a truce or other matters. The root of the word parley is parler, which is the French verb "to speak"; specifically the conjugation parlez "you speak", whether as imperative or indicative.Beginning in the High Middle...

  • Piracy in the Caribbean
    Piracy in the Caribbean
    ] The era of piracy in the Caribbean began in the 16th century and died out in the 1830s after the navies of the nations of Western Europe and North America with colonies in the Caribbean began combating pirates. The period during which pirates were most successful was from the 1690s until the 1720s...

  • Pirates in popular culture
    Pirates in popular culture
    In American and British popular culture, the modern pirate stereotype owes its tradition mostly to depictions of Captain Hook and his crew in theatrical and film versions of Peter Pan, Robert Newton's portrayal of Long John Silver in the film Treasure Island, and various adaptations of Sinbad the...

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