Pirates, by definition, were criminals. In the Golden Age of Piracy, between 1650 and
1720, the law was very clear on what punishment would befall someone convicted of piracy and
that was punishment was hanging by the neck until death. Depending on what the pirate
was caught doing and where would change what the pirate was accused of and what punishment
he would receive. For example, if a pirate was caught stealing on land he may end up
getting whipped or spending some time in the pillory. Pirates often came from merchant
ships or the Royal Navy and would have experienced the harsh punishments sailors were subjected
to. The most common form of punishment onboard ship was flogging. It normally took place
on the main deck of a ship and started with the accused sailor being brought in front
of the captain where he could plead his case. If he was found guilty the sailor had his
shirt removed, was tied to a wooden grating where the captain read the relevant article
of war, and then lashed with a cat-o-nine-tails from a boatswains mate. The cat-o-nine-tails,
also known as the captains daughter, was made from a piece of rope that had been unravelled
into nine strands, each with several knots, on one end. The other side was traditionally
covered with red cloth and ceremoniously stored in a bag until use. This is likely where the
phrase “the cat’s out of the bag” originates meaning “don’t bother adding to your story
now, you’ve already been judged guilty”.
The penalties for crimes could result in a dozen lashes, for minor offenses like drunkenness,
to up to five hundred for serious crimes like theft, sedition, or mutiny. Those penalties
were usually carried out in what was referred to as “flogging round the fleet”. The
prisoners was rowed from ship to ship and received a number of lashes at each stop and
it could often take months to finish the sentence. In certain cases a high number of lashes could
kill a sailor if infection set in. Often the sailors back was washed with saltwater, which
introduced numerous microbes into the cuts, and added to the pain. Another Royal
Navy punishment was “running the gauntlet”. The crew would form two columns on deck with
each man holding a knotted rope. The sailor being punished was led through the gauntlet
by two junior officers at sword point, one in front and one in back. This was to prevent
the man was passing through too quickly. As he walked by the men they would each take
turns striking him with their knotted ropes. This punishment was considered more honorable
as the prisoner could “take the beating like a man” and stand upright among fellow
sailors. The Dutch Navy introduced a punishment known as keelhauling where the
sailor would be tied to a rope that went around the underside of the ship. The man was dragged
along the bottom, which was full of razor sharp marine growth. In addition to the marine
growth the man would smash his head off of the underside and keel. If the man was dragged
slowly his weight may have allowed him to sink below the growth but he would likely
drown. This process was usually repeated several times. Needless to say the men who became
pirates HATED these punishments and pirate captains didn’t have the authority or a
good reason to punish other pirates as they were voted in and could quickly be removed
if they began to act like tyrants. It was, however, common to see some punishments spelled
out in a pirate ships articles. These laws had to do with a pirate stealing from the
rest, deserting in battle, or bringing women to sea. It made sense for the men to sign
off on these articles because these crimes affected the other pirates. An example from
Bart Roberts articles spells out: “if they defrauded the company to the value of
a dollar in plate, jewels, or money, marooning 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.” Marooning was likely the thing a pirate feared
the most and, for once, popular culture got it right. The marooned man was set on an island
with a bit of rum and a pistol with one shot. The pistol was to be used for suicide after
the pirate finished the rum. In most cases a marooned pirate would indeed die but some
survived. A good example was Edward England who, after being marooned on an island in
the Indian Ocean with three others, managed to build a raft four months later. The men
sailed to the Pirate haven of Madagascar where England survived until later in the year where
he died, likely from a tropical disease. And what about walking the plank? Well, there
are some historical instances of it happening but none during the golden age of piracy.
Is it possible it was done to torture a merchant crew when pirates felt they were holding out?
Sure, but it’s just not documented so I can’t say that it did happen. Speaking of
pirates torturing I don’t think anyone comes close to Ned Low. Low used to tie a captives
hands together with rope between the fingers and then light it on fire burins the flesh
down to the bone. On another account, after a Portuguese captain dropped a bag of gold
overboard instead of allowing the pirates to capture it, Low cut off the captains lips
with a cutlass, broiled them, and forced the captain to eat them before he killed him.
It’s rumored that Low was eventually set adrift after his crew had enough of his cruelty
and the story says he was rescued by a French ship. When the French learned who he was he
was tried for piracy and hanged in Martinique in 1724. This takes us back to the process
of execution for a pirate. The British Admiralty had legal jurisdiction for crimes committed
on the high seas. In London the execution dock was a place on the Thames River that
was used for over 400 years. The dock was just below the low tide mark which symbolized
the jurisdiction. The pirates that were being executed were transported from Marshalsea
or Newgate Prison in a cart behind the High Court Marshal on horseback. The High Court
Marshal carried a ceremonial silver oar which represented the Admiralty. Along the way the
condemned pirate was allowed to drink a quart of ale at public house. Unlike conventional
hangings those convicted of piracy were executed with a short rope which did not break the
prisoners neck. They died from slow asphyxiation and the corpse was left hanging until at least
three tides had washed over the body. In certain cases, usually high profile offenders, the
Admiralty would order the body to be tarred and gibbeted or hung in chains as a warning
to others. Captain Kidd was executed for piracy on the execution dock and, after the rope
broke on the first attempt, he was hanged again and his remains put on display in a
gibbet for 3 years. Jamaica also had its own execution area, Gallows Point. Calico Jack
Rackham was hanged here and hung in irons on an island near Port Royal as a warning
to other pirates. I hope you all enjoyed this weeks episode. I’m really happy to
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