The Pirate Code

The pirate code, also known as the “Articles of Agreement” or “pirate articles”, was a set of rules and agreements established by pirate crews to govern their behavior, share spoils, and maintain order on their ships during the Golden Age of Piracy (roughly 1650 to 1730). Contrary to popular belief, piracy was not always lawless chaos; pirate codes helped maintain discipline and ensured fair treatment of crew members, allowing pirate ships to operate efficiently and prevent internal disputes.

Origins of the Pirate Code
The concept of shipboard articles was not unique to pirates and had its roots in the privateering and merchant naval traditions of the 17th and 18th centuries. Privateers, who were licensed by governments to attack enemy ships, often had agreements that outlined how prizes would be divided among the crew, similar to pirate codes.

Privateers: Many pirates were former privateers who had turned to piracy after their governments revoked their licenses or during times of peace. They adopted and adapted the rules they had followed as privateers, adding their own provisions to suit their illicit activities.
Pirate codes were created as a way to maintain order and fairness on pirate ships, which were democratic and meritocratic to a surprising degree. Pirates operated outside the law and lacked the structure of a traditional navy or merchant fleet, so establishing clear rules was essential to prevent disorder among the crew, where tensions could run high due to the dangerous nature of piracy and the diverse backgrounds of the crew members.

Key Figures and Famous Pirate Codes
Several famous pirate captains created their own sets of articles that became well-known and were documented by historians, often through trials or accounts of captured pirates.

Henry Morgan (1635–1688)
One of the earliest recorded pirate codes is attributed to Henry Morgan, a notorious privateer who later became a pirate. Morgan’s articles included rules about how plunder was divided, compensation for injuries, and discipline. His code set the standard for later pirate agreements.

Bartholomew Roberts (1682–1722)
Bartholomew Roberts, also known as Black Bart, created one of the most detailed and well-documented sets of pirate articles. His code outlined strict regulations, including rules on conduct, behavior, and punishment, as well as provisions for dividing treasure and compensating injured crew members.

Roberts’ code was written in 1721, and it became one of the most famous examples of pirate governance. Roberts was known for running a disciplined ship, and his articles covered a wide range of issues, from gambling and drinking to combat and the treatment of prisoners.

Captain John Phillips (d. 1724)
The pirate John Phillips also created a set of articles in 1724, which were documented after his capture. Phillips’ code emphasized crew unity and prohibited stealing from fellow pirates. His articles, like those of Roberts, show that pirate ships valued fairness and mutual respect among the crew.

Common Elements of Pirate Codes
While pirate codes varied from ship to ship and captain to captain, they shared several common themes and rules. These codes established guidelines for everything from discipline to the distribution of plunder.

1. Distribution of Plunder
The most important part of any pirate code was the division of spoils. Pirate crews were often democratic when it came to sharing loot, with each crew member entitled to a share based on their role and rank. Captains and key officers typically received larger shares, but even the lowest-ranked pirates received a portion.

Shares: In many pirate codes, the captain would receive two to three shares of the plunder, the quartermaster received one and a half shares, and regular crew members each received one share. This system incentivized fairness and discouraged hoarding by the captain or officers.

2. Compensation for Injuries
Pirate life was dangerous, and injuries were common during battles. Many pirate codes included provisions to compensate crew members who were wounded or disabled in combat.

Compensation amounts: Crew members who lost a limb, an eye, or sustained other serious injuries were often compensated with larger shares of the plunder or given a specific amount of gold or silver. For example, losing an arm or leg might entitle a pirate to 600 pieces of eight, a substantial sum at the time.

3. Discipline and Punishment
Despite their image as lawless rogues, pirates valued discipline on their ships. Many pirate codes had strict rules about behavior and punishments for those who broke the code.

Fighting: Fighting among crew members was typically forbidden. Pirates who violated this rule could be punished by flogging or marooning (being abandoned on a deserted island).
Stealing: Stealing from fellow pirates or the collective plunder was one of the most serious offenses, often punishable by death or expulsion from the crew.

4. Rules on Drinking and Gambling
Pirate ships had rules regulating activities like drinking and gambling. Excessive drinking, especially during battle, was discouraged or prohibited, as it could lead to poor discipline and reduced effectiveness in combat. Some pirate codes explicitly banned gambling to prevent disputes.

Drunkenness: Some codes, like Bartholomew Roberts’, explicitly banned drinking rum in the ship except during designated times. Pirates caught disobeying these rules could face punishment.

5. Democracy and Leadership
Pirate ships were often run democratically, with the crew having a say in major decisions, such as the election of captains and the course of action in battle or when dividing plunder.

Elections: Captains were often elected by the crew and could be deposed if the crew was dissatisfied with their leadership. The quartermaster, who represented the crew’s interests and had significant authority, was also typically elected.
Mutual Consent: Major decisions, like attacking a ship or dividing treasure, were often made with the crew’s input, ensuring a sense of shared responsibility.

6. Quartermaster’s Role
The quartermaster was one of the most important figures on a pirate ship. He acted as a check on the captain’s power and was responsible for distributing plunder, maintaining discipline, and representing the crew’s interests. In many pirate codes, the quartermaster had almost equal authority to the captain in non-combat situations.

Enforcement of Pirate Codes
Pirate codes were enforced strictly, as maintaining order on a ship with a violent, diverse, and often desperate crew was crucial to survival. Punishments for breaking the code ranged from flogging to marooning (being abandoned on an island) to death, depending on the offense.

Marooning:
Marooning was one of the most severe punishments and involved leaving a pirate on a deserted island with minimal supplies. This punishment was often used for serious offenses, such as stealing or betraying the crew.

Flogging and Keelhauling:
Flogging, or whipping, was a common punishment for lesser offenses. In some cases, more extreme forms of punishment, such as keelhauling (dragging someone under the ship’s hull), were used, though these were rarer and more brutal.

Myths and Misconceptions
Popular culture has romanticized the pirate code as a rigid set of rules followed by all pirates, but in reality, pirate articles were flexible and adapted to the specific needs of each crew. While some pirate captains, like Bartholomew Roberts, ran their ships with strict discipline, others were more lenient, and codes varied widely.

Additionally, the famous phrase “the code is more what you’d call guidelines than actual rules,” often attributed to pirates in modern films like Pirates of the Caribbean, reflects the idea that pirate codes were practical and adaptable agreements rather than fixed laws.

End of the Pirate Code and Decline of Piracy
By the early 18th century, piracy began to decline due to increased naval patrols, stronger international laws, and better cooperation between nations to hunt down pirates. With the fall of notorious pirate captains like Blackbeard and Charles Vane, the golden age of piracy came to an end. As piracy declined, so did the use of pirate codes.

However, the legacy of the pirate code lives on, reflecting a surprising amount of order, fairness, and governance in what is often thought of as a chaotic and lawless world.

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