Articles of the Whole Company of the Mercury

William Brand · November 9, 2009

Articles of Agreement can be found at all levels of government and in all walks of life from the period in various forms. There are numerous examples of such articles between proprietors and land owners who shared land rights and adjoining properties. There are also articles of agreement between merchant seaman, trade companies and the Royal Navy. Pirates are no different in this regard and Ship's Articles among pirates are often just as simple or as complex as can be found anywhere else at the time. As we have never discussed Articles for the Mercury, I've taken the liberty of drawing them up, to be approved or changed by members of the Whole Company.

Now, when creating the articles for the Watch Dog Project I borrowed on as many period examples as I could find, using the best wording from each and in some places even combining articles of a like nature. Rather than just use the same articles here, I have rewritten some of them, altered the numbering of them to create an order or grouping of similar articles and even added a few phrases I recently discovered from the articles of Edward Low. Most Pirate articles of agreement contain versions of the same rules and punishments, but Edward Low has a few more, such as "No married man be forced to join their company" and "Prisoners were not to be killed in cold blood". As I have not found these elsewhere, I left them out. I'm willing to put them back in again if anyone wishes. Also, Edward Low's Articles state that "Ships of England were not to be taken (unless fate decreed otherwise, and they captured one in innocence)" and a note that "No boats were to be sent between ships after 8PM until morning light". These are also unique to his articles and I left them out as well. I did however add the crime of 'Speaking secretly with Prisoners' to the article touching on Mutiny and Desertion. I also expanded Low's mention of 'hiding Plunder' to the Article that covers gambling and theft. I've also added mention that the position of Captain may be altered by a vote of the Whole Company, as mentioned in some articles.

Some articles not mentioned in those below include...

-No word to be written by any Man unless it be nailed Publickly to the Mast.

-Good Quarters to be Granted when called for. I'll be damned if I give up a good spot.

-Every Man to have equal Right to the Provisions or Liquors at any time and use them at Pleasure, unless Scarcity makes a Restriction necessary for the good of All (which runs somewhat contrary to article VI).

-All important decisions to be put to a vote. This seems a little superfluous as every article discusses decisions of the Whole Company throughout.

-The musicians to have rest on the Sabbath Day, only by night, but the other six days and nights, not without special favour. Why should band geeks get special treatment?

-He who has not sworn shall not vote. This seems too obvious to be included.

I've also added the amendment that the Mercury and the Whole Company may at a later time travel with additional ships, so the articles are written in the event of a growing armada. It should also be noted that these Articles don't change the day to day aspects of attending any event under the Mercury flag. We don't really use any pecking order or rules while attending events. It just gives us one more little tidbit of information to draw upon when acting our various parts or participating as a group.

As I've said, I can alter, add or take away anything by acclamation, so dig in and let me know what you think.

Final revision

Articles of the Whole Company of the Mercury

These are Articles of Agreement made, concluded, writ herein and agreed upon between all Members of the Whole Company of the Mercury, and any Ship taken or joined to the Whole Company hereafter, and of the Crew belonging to the same, having severally and jointly subscribed their Names and affixed their Marks and Signatures to those Presents as followeth.

I - That all of the said Company and Crew shall obey the Commander of the Mercury and any other Commanders of the Whole Company in all respects, as if each ship were his own, except when he shall defer to the Wishes and Wants of the Majority by vote of the Whole Company, or be turned out of his Place by Acclamation of the same.

II - That all Plunder taken by whatever means of the Whole Company shall be divided by Shares amongst the same, unless some or all shall be used by Decree of the Captain, Quartermaster of the Whole Company, or vote of the Whole Company, to some other Purpose, and providing that only those worthy Ships who served in the Engagement and those Crew that served aboard said Ships shall have a Reward of Shares; that the Captain shall receive eight shares, the Quartermaster of the Whole Company and Masters shall receive seven Shares; the Doctor, Boatswain, Gunner, Coxswain, Master-at-Arms, Carpenter and Blacksmith, six Shares; the other Officers, five Shares; the Able Seamen, four Shares; and those lesser Seamen, two Shares; every Person aboard any worthy Ships of the Whole Company to be called fairly in turn, by List, on board of Prizes for the replacement of Articles and Arms; and that the Doctors of the Whole Company shall have all Medicines and Instruments belonging to any Doctor that shall be taken and called fairly in turn, by List, to choose from them.

III - Whomsoever of the said Company shall first spy a Sail and the same prove to be a Prize sufficient to make them a Voyage, They shall Therefore have the best Pistol or Small Arm aboard of her; and that Whoever enters first on boarding a Prize in an Engagement, and strikes her Colours, shall receive Two Shares for Bravery.

IV - That if anyone belonging to the Company, be killed in an Engagement, or die on board, their Share or Shares, of all Prizes taken in thier Life-Time, shall be paid to their Executors, if so appointed by Will; but if no Will be made, or no Executors found or proved by Oath, then their Part of what was got shall belong to the general Interest of the Whole. That if any shall have the Misfortune to lose a Joint in time of Engagement, to the Apparent hindrance of getting their future Livelyhood, before any Dividend shall be made, They shall have the Sum of Four hundred pieces of Eight; if a limb Eight hundred; and for lesser hurts, proportionately, and remain aboard as long as They shall think fit, But if there be not so much taken at that Time, the Vessels and the Company shall keep out till they have enough for that Purpose; Provided no extraordinary Accident should happen.

V - That all aboard shall keep their Piece, Pistols, Cutlass and such Arms in their charge clean and fit for Service. Any of the said Company that shall not keep their Arms clean, fit for an Engagement, or neglect their Business in regards to Arms of the Armories or those Great Guns of the Ship or Ships, They shall be cut off from their Share, and suffer such other Punishment as the Captain of that Ship and Majority of the Company shall think fit.

VI - That if any of the Whole Company shall in time of Service be so Drunk & Incapable in time of Engagement that they do not fight and withstand the Enemy, then They shall be Cut off or punished according as the Captain and Majority of the Company shall think fit.

VII - If any of the crew shall be found Guilty of Cowardice in the time of Engagements, or incite others to fear or retreat, then They shall lose their portion as aforesaid, and suffer what punishment the Captain of that Ship or Majority of the Company shall think fit. And whoever of the Company begin an Attack, either by firing a Gun, or using any Instrument of War, before Orders be given, by the proper Officers, They shall be punished accordingly.

VIII - Any of the crew that shall be found Guilty of striking one another on board or of taking up any unlawful Weapon on Board the Privateers, or any Prize, by us taken, so as to strike or abuse one Another, in any regard, shall receive Moses' Law on the bare Back. Any quarrel that shall not be resolved between Parties aboard, shall be ended Ashore at Sword and Pistol by direction of the Quartermaster of the Whole Company. If any Man be treacherous Ashore, he shall be set against a Tree and shot by one of his choosing.

IX - That Whomsoever of the Company shall speak secretly with Prisoners, or speak any thing tending to the separating or breaking of the Whole Company, or breed a Mutiny, or cause Disturbance equal to the same, or if any of the said Company shall endeavor to desert or quit the Company or offer to run away to meet with another Marrooner that they shall sign his Articles without the Consent of Our Whole Company, declare Secrets and Designs of Our Whole Company to another, or keep any Secret from the Company to the detriment of the Whole, that person shall be marooned with one Bottle of Powder, one Bottle of Water, one small Arm and shot.

X - The lights and candles to be put out at eight o'clock at Night: if any of the Crew, after that Hour shall remain inclined for drinking, They shall do so on the open Deck, and whoever shall snap Arms, or smoke Tobacco in the Hold, without a Cap to the Pipe, or smoke Tobacco abaft the Foremast while on the Weather Decks, or carry a Candle lighted without a Lanthorn, shall receive Moses' Law on the bare Back.

XI - That whoever shall steal or cause to be forever lost any Thing in the Company or steal away privately any Goods or Plunder of a Prize taken by the same, or be found Guilty of Gaming at Cards or Dice for Money, or Defrauding another to the Value of a Shilling for any Longer than four and twenty Hours, and shall not fully and truly deliver the same Amount unto the offended Party or the Master for the time being, They shall therefore Lose their whole Share and Dividend as aforesaid and be marooned or shot at the Main.

XII - That whoever shall be found seducing any Boy or Woman not of the said Company aboard ship, and carry he or she disguised aboard Ship; or shall anyone at any time meet with a prudent Woman, that Man that offers to meddle with her, without her Consent, shall suffer present Death.

XIII - That none of the Crew shall go on Shore till the Ships are off the Ground, and in readiness to put to Sea, unless a Ship or Ships be abandoned by Acclamation of the Whole company or by all for Thrift or some other Purpose.

It is further Covenanted, Granted, Concluded, and Agreed upon that the Whole Company or each Person severally will form those Articles, Excepting the Hardness of the Seas and the Danger of the Enemies of the Company, In Witness whereof all the said Parties to those Articles have set their Hands, Marks & Signatures.

Witnessed, Signed, Sealed and Delivered in the Presence of the Captain, Quartermaster of the Whole Company and us, the Whole Company.

Early draft of the Articles of the Whole Company of the Mercury

These are Articles of Agreement made, concluded, writ herein and agreed upon between all Members of the Whole Company of the Mercury and of the Crew belonging to the same, or to those Crews of any Ship taken or joined to the Whole Company hereafter, having severally and jointly subscribed their Names and affixed their Signatures to those Presents as followeth.

I - That all of the said Company and Crew shall obey the Commander of the Mercury and any other Commanders of the Whole Company in all respects, as if each ship were his own, except when he shall defer to the Wishes and Wants of the Majority by vote of the Whole Company, or be turned out of his Place by Acclamation of the same.

II - That all Plunder taken by whatever means of the Whole Company shall be divided by Shares amongst the same, unless some or all shall be used by Decree of the Captain, Quartermaster of the Whole Company, or vote of the Whole Company, to some other Purpose, and providing that only those worthy Ships who served in the Engagement and those Crew that served aboard said Ships shall have a Reward of Shares; that the Captain shall receive eight shares, the Quartermaster of the Whole Company and Masters shall receive seven Shares; the Doctor, Boatswain, Gunner, Coxswain, Master-at-Arms, Carpenter and Blacksmith, six Shares; the other Officers, five Shares; the Able Seamen, four Shares; and those lesser Seamen, two Shares; every Person aboard any worthy Ships of the Whole Company to be called fairly in turn, by List, on board of Prizes for the replacement of Articles and Arms; and that the Doctor or Doctors of the Whole Company shall have all Medicines and Instruments belonging to any Doctor that shall be taken and called fairly in turn, by List, to choose from said Instruments for their use.

III - Whomsoever of the said Company shall first spy a Sail and the same prove to be a Prize sufficient to make them a Voyage, They shall Therefore have the best Pistol or Small Arm aboard of her; and that Whoever enters first on boarding a Prize in an Engagement, and strikes her Colours, shall receive Two Shares for Bravery. Whomsoever shall first spy a sail of any other ship of the same engagement and the same prove also to be a Prize sufficient to make them a Voyage, They shall be called thereafter in turn to do likewise; and that Whomsoever shall strike the Colours of the same shall also receive Two Shares for Bravery.

IV - That if anyone belonging to the said Company, be killed in an Engagement, or die on board, their Share or Shares, of all Prizes taken in thier Life-Time, shall be paid to their Executors, if so appointed by Will; but if no Will be made, or no Executors found or proved by Oath, then their Part of what was got as aforesaid shall belong to the general Interest of the Whole. That if any shall have the Misfortune to lose a Joint in time of Engagement, to the Apparent hindrance of getting their future Livelyhood, before any Dividend shall be made, They shall have the Sum of Four hundred pieces of Eight; if a limb Eight hundred; and for lesser hurts, proportionately, and remain aboard as long as They shall think fit, But if there be not so much taken at that Time, the Vessels and the Company shall keep out till they have enough for that Purpose; Provided no extraordinary Accident should happen.

V - That all aboard shall keep their Piece, Pistols, Cutlass and such Arms in their charge clean and fit for Service. Any of the said Company that shall not keep their Arms clean, fit for an Engagement, or neglect their Business in regards to Arms of the Armories or those Great Guns of the Ship or Ships, They shall be cut off from their Share, and suffer such other Punishment as the Captain of that Ship or Majority of the Company of said Ship shall think fit.

VI - That if any of the said Company shall in time of Service be so Drunk & Incapable in time of Engagement that they do not fight and withstand the Enemy, or cause those within their charge to be so Incapable, then They shall be Cut off or punished according as the Captain of that Ship or Majority of the Company of said Ship shall think fit.

VII - If any of the crew shall be found Guilty of Cowardice in the time of Engagements, or incite others to Cowardice, fear or retreat, then They shall lose their portion as aforesaid, and suffer what punishment the Captain of that Ship or Majority of the Company of said Ship shall think fit. And whoever of the Company begin an Attack, either by firing a Gun, or using any Instrument of War, before Orders be given, by the proper Officers, They shall be punished accordingly.

VIII - Any of the crew that shall be found Guilty of striking one another on board or shall be found Guilty of taking up any unlawful Weapon on Board the Privateers, or any Prize, by us taken, so as to strike or abuse one Another, in any regard, shall suffer what Punishment the Captain of that Ship or Majority of the Company of said Ship shall think fit. Any quarrel that shall not be resolved between Parties aboard, shall be ended Ashore at Sword and Pistol by direction of the Quartermaster of the Whole Company.

IX - That Whoever of the Company shall speak secretly with Prisoners, or speak any thing tending to the separating or breaking of the Whole Company, or breed a Mutiny, or cause Disturbance equal to the same, or if any of the said Company shall endeavor to desert or quit the Company or offer to run away to meet with another Marrooner that they shall sign his Articles without the Consent of Our Whole Company, declare Secrets and Designs of Our Whole Company to another, or keep any Secret from the Company to the detriment of the Whole, that person shall be marooned with one Bottle of Powder, one Bottle of Water, one small Arm and shot.

X - The lights and candles to be put out at eight o'clock at Night: if any of the crew, after that Hour shall remain inclined for drinking, they shall do so on the open Deck, and whoever shall snap Arms, or smoke Tobacco in the Hold, without a cap to the Pipe, or smoke Tobacco abaft the Foremast while on the Weather Decks, or carry a Candle lighted without a Lanthorn, shall suffer what Punishment the Captain or Majority of the Company of said Ship shall think fit.

XI - That whoever shall steal or cause to be forever lost any Thing in the Company or steal away privately any Goods or Plunder of a Prize taken by the same, or be found Guilty of Gaming at Cards or Dice for Money, or Defrauding another to the Value of a Shilling for any Longer than four and twenty Hours, and shall not fully and truly deliver the same Amount unto the offended Party or the Master for the time being, They shall therefore Lose their whole Share and Dividend as aforesaid and shall suffer what Punishment the Captain of that Ship or Majority of the Company of said Ship shall think fit.

XII - That whoever shall be found seducing any Boy or Woman not of the said Company aboard ship, and carry he or she disguised aboard Ship; or shall anyone at any time meet with a prudent Woman, that Man that offers to meddle with her, without her Consent, shall suffer what Punishment the Captain of that Ship or Majority of the Company of said Ship shall think fit.

XIII - That none of the Crew shall go on Shore till the Ships are off the Ground, and in readiness to put to Sea, unless a Ship or Ships be abandoned by Acclamation of the Whole company or by all for Thrift or some other Purpose.

It is further Covenanted, Granted, Concluded, and Agreed upon that the Whole Company or each Person severally will form those Articles, Excepting the Hardness of the Seas and the Danger of the Enemies of the Whole Company, In Witness whereof all the said Parties to those Articles have set their Hands, Marks & Signatures.

Witnessed, Signed, Sealed and Delivered in the Presence of the Captain, Quartermaster of the Whole Company and us, the Whole Company.

Discuss...

Captain Jim · November 9, 2009

Excellent effort. I, for my part, would like to see more specific punishments added and specified for certain transgressions, as I recall there being some rather gruesome responses. As an example, "meddling with a good woman without her consent" was usually punished by death. Thieves had their noses split, as I recall and not having sources at hand. Of course you could still include the "or as the company shall see fit" language.

oderlesseye · November 10, 2009

I wonder wot lass i might disguise..eagh eagh.. Ye did wonderful with the penmanship of the articles for the Mercury..I hereby duly Sign ~

A copy of the articles Eye think should be issued to each member on site.

Edited November 10, 2009 by oderlesseye

William Brand · November 10, 2009

Over 50 views and two replies. I hope that's a good sign and not a bad one. As I said, I'm open to changes if changes are wanted.

Captain Jim · November 10, 2009

I'm still giving it further thought, but my Internet connection is freaky today. I get the Pub fine, but most everything else is broken up so I can't do searches for specific things that I'm considering. Still, I'll put up another:

Is the wording too "lawyerly?" Does it reflect the wording style of ships articles as opposed to those put together by landsmen? Just speculating as I can't do searches just now.

William Brand · November 10, 2009

I'm still giving it further thought, but my Internet connection is freaky today. I get the Pub fine, but most everything else is broken up so I can't do searches for specific things that I'm considering. Still, I'll put up another:

Is the wording too "lawyerly?" Does it reflect the wording style of ships articles as opposed to those put together by landsmen? Just speculating as I can't do searches just now.

Admittedly, it is specific, but I've found many that are that very way. Letters of marque are much worse. Those things get viciously wordy. Should I thin it a little? Cut the fat?

michaelsbagley · November 10, 2009

I like it. My mind is elsewhere, but I can't help but feel like something is missing from it... But that just may be my distractedness.

Mission · November 10, 2009

It is good, but it does seem a trifle long. We're naught but...(sorry.)

Of course, I don't have to sign them anywise, since I am the surgeon.

However, please permit me to offer the create-yer-own-articles from my Do-It-Yourself 1000 Word Pirate Report by way of supplement.

The way this works, you can pick one of the articles from the set of four listed which you most want to use for your crew. The different articles choices are separated by ';'s here (Like some of the old Mad Magazine articles from which this idea was basically stolen.):

I. (Every man has a vote and an equal right to provisions.; Anyone caught stealing anything from the company, to the value of a piece of eight, will be marooned or shot.; Any man who falls behind better darn well catch up.; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.)
II. (If any man runs away, or keeps any secret from the company, he will be marooned.; Everyone will take their turn boarding captured ships because they have had a chance to obtain free clothes and they owe the company that much. <I bet some of you think this one’s a joke>; Any man who falls in front is trampled.; When a player has four houses on each property of a complete color-group, he may buy a hotel from the Bank and erect it on any property of that color-group.)

III. (Anyone who strikes another, shall be punished by Mose’s Law [40 stripes minus one] on the bare back.; Anyone found seducing a woman and bringing her on board in disguise will suffer death.; Anyone found seducing a manatee and claiming he thought it to be a mermaid shall be forced to sleep by himself.; Three shalt be the number thou shalt count, and the number of the counting shall be three.)

IV. (The man that smokes tobacco in the hold, without a cap on his pipe or who carries a openly lit candle shall be punished by Mose’s Law.; Any man caught deserting the ship or his quarters in battle will be punished with death or marooning.; Anyone who strikes a match off another’s unshaven face shall be considered pretty cool.; Four shalt thou not count, nor either count thou two, excepting that thou then proceed to three.)

V. (Every man shall keep his weapon clean and ready for battle or he shall lose his share of the treasure and may be punished in any way the captain and crew think fit.; Fights will be settled on shore with sword and pistol, not on board.; Anyone who invokes the right of parley will be looked upon oddly.; Five is right out.)

VI. (Anyone losing a limb during battle will receive 800 pieces of 8; Anyone losing an eye in battle will receive 100 pieces of 8 along with a really keen eye patch.; Anyone losing their lunch in battle will receive loud jeers from the company.; Six, six, pick up sticks.)

Hmm...re-reading that (it was written several years ago), I feel compelled to say...sorry again. :lol:

Nice job, William. What are we going to do with them once they're decided?

William Brand · November 10, 2009

Captain Jim is quite right. Having reviewed many articles again I do find that any Man who meddled with a boy or woman without consent was to 'suffer present Death'. I will add it accordingly.

Also, the phrase 'what punishment the Captain or Majority of the Company shall see fit' as been changed. In review of many articles I find that they seldom use 'or' in this phrase, but rather 'and', so it should read...

...what punishment the Captain AND the Majortiy of the Company shall see fit. Much more democratic.

Marooning was common for mutinous behavior, so I shall leave that one as it is, but for stealing it is mentioned that the man was either marooned or shot in at least two different documents, so I shall add that. If he was to be shot he was bound at the mainmast and then shot by an executioner of his choice.

For striking another, one was often flogged under the term 'Moses' Law', so I'll add that. It is also mentioned that those who were careless with fire got the same. I did add a line under quarrels settled ashore, for it is mentioned that a man acting treacherously during a duel ashore was to be set against a tree and shot by one of his choosing as in the case of stealing.

Anyway, here is the latest revision. It is simplified in many places and amended with punishments.