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Trials, Sentence, and Punishment
It would be an unfair statement to say that a lighthearted way of life in
the 18th century was restricted to piracy. During this period, death was
often sudden, in the midst of battle, by shipwreck, tavern brawls, disease, etc. But
then, there was always death by ‘dancing the hempen jig’, a pirate’s term for
a hanging, which awaited any pirate brought to trial, and sentenced.
Trials for piracy, were usually held in admiralty courts, tribunes, that
had been founded in 1340’s in England, for trials concerning crimes committed
beyond the high water mark. It was possible for a member of the pirate crew to turn
King’s evidence and testify against his fellow pirates, for which a pardon was
granted, but only after the others had been convicted. Once convicted, the pirate
could be hanged any time ten days after the trial.
On the day of the hanging, the condemned pirates were led in a procession
led by an officer carrying the Silver Oar, which symbolized the authority of the
High Court of the Admiralty. The final destination was the gallows, which was
usually positioned in a public place near the water, often at the low-tide mark. The
entire event, like all hangings was a spectacle that drew large crowds.
Before the actual hanging, a chaplain usually gave a sermon, urging the
convicted to profess their faith, and repent, before being hung. Often the sermon
would also preach to the audience, using the pirates as prime examples of the
degeneracy of a human soul After the sermon, the pirate was allowed to speak to the
people before being swung off the cart beneath the gallows. In their last speech,
before execution, some appeared to be repentant, some frightened, others surly,
while there were those who told crude jokes to the crowds.
After the execution, the bodies of the less significant crew members, were
buried face down, below the high water mark, or left hanging until three tides had
passed over them. The bodies of the most notorious captains, were often embalmed in
tar, encased in an iron framework or chains, and hung from a gibbet in a conspicuous
place by the water edge, where they swayed in the wind, until nothing was left. This
served as a frightening example to those leaning towards the tempting rewards of
piracy.
The punishment for privateering was imprisonment, with the possibility of
being released in a prisoner exchange. This however was not a favorable alternative
to the noose since it often meant a prolonged death, in prison hulks, which were
converted naval ships that were no longer seaworthy, or goals, which were usually
damp and disease-ridden.
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