THE
TRIALS
OF
Five Persons
For Piracy, Felony and Robbery,
Who were found Guilty and Condemned, at a Court of Admiralty for the Trial of Piracies, Felonies and Robberies, committed on the High Seas, Held at the Court-House in Boston, within His Majesty’s Province of the Massachusetts-Bay in New-England, on Tuesday the Fourth Day of October, Anno Domini, 1726. Pursuant to His Majesty’s Royal Commission, founded on an Act of Parliament made in the Eleventh and Twelfth Years of the Reign of King William the Third, Entituled, An Act for the more effectual Suppression of Piracy; And made Perpetual by an Act of the Sixth Year of the Reign of our Sovereign Lord King GEORGE.
BOSTON: Printed by T Fleet for S Gerrish at the Lower End of Cornhill. 1726.
The captain had usually a sort of privy council which was composed of certain of the officers and older and more experienced sailors and these were sometimes distinguished by the title of “Lord.” The captain’s power was supreme in time of chase or action. He then had the right to strike, stab or shoot any man who disobeyed his orders. He also had power over prisoners and could condemn them to ill usage or set them free but this power did not extend to cargo or captured vessel for then the property interests of the company were concerned.
The quartermaster came next after the captain in exercising authority over the affairs of the pirate company. He was chosen with the approval of the crew who could claim authority in this way through him, except in time of battle. At discretion he could punish any of the men for insubordination, by blows or whipping, which no one else might do without standing in danger of receiving the lash from the ship’s company. In a way he was the trustee for all and was usually the first on board a prize. For small offences, too insignificant for a jury, he was the arbitrator. If any of the crew disobeyed his commands, plundered when plundering should end, or failed to keep their weapons in good order, the quartermaster then might punish them. He was the manager of all duels and in fact was the magistrate of the company.
Pirate craft usually sailed under what was known as “the Jamaica Discipline,” a commonwealth or form of government that originated among the West India privateers or buccaneers. All pirate companies also adopted codes of laws or “Articles,” as they were called, to govern their actions and these were signed and sworn to by all. These “Articles” varied somewhat in form and substance but in general included the following obligations, viz:—
I
Every man had a vote in all affairs of importance and equal title to all fresh provisions or strong liquors that had been taken and might use them at pleasure unless a scarcity made it necessary to vote a restriction for the common good.
II
Every man was to be called in turn, as entered in the quartermaster’s list, to go on board prizes, because on such occasions each was allowed a shift of clothing from the captured stores. This was in addition to the common share in the plunder of the prize. If any man, however, defrauded the common store of the company, in plates, jewelry or money, to the value of a piece of eight, the punishment was to be marooned on some uninhabited island or shore and supplied with only a gun, a few shot, a bottle of water and a bottle of powder, and there to starve or escape if possible by some unexpected good fortune. If a man robbed another of the same company, the ears or nose of the guilty party might be slit, after which he sometimes would be put ashore, not on an uninhabited island, but where he was sure to encounter hardships.
III
No gaming for money at cards or dice was allowed under any circumstances as likely to lead to fighting and death.