Seafarers' Laws to be Observed at Sea
The traders who obtained serious income from the maritime trade had agreed to give a certain amount of the profit obtained from the trade to the captains who own the ships. Traders, in general, were also participating in these ships. After the expeditions, the captains were paid by the merchant and distributed their expenses to their crew. This system continued in this way until the Middle Ages. The construction of ships that could go across the ocean during the Sail Age changed this situation. Because shipbuilding techniques have developed seriously during this time. It has become cheaper and easier to build larger ships. With the construction of larger and more durable ships, the travel time was extended, increasing the welfare of the crew and increasing the number of seafarers. Disciplining the crew was another challenge for long-term cruises. Since the concept of longitude was not known in the early periods, it was not easy for the ships to determine the direction. This prolonged the journey times. It was also a negative situation that the newly discovered trade routes were filled with different dangers. Sudden storms were damaging ships or risking damage to the entire crew if an outbreak appeared amongst the crew. The sudden storm could have taken the ship to the bottom of the water. This showed that the sea never accepted mistakes. The sea had its own rules. Strict rules of the sea had to be followed for navigation safety. With the discovery of trade routes, the number of sea voyages has increased significantly. This has led to the maritime rules becoming contractual. It was precisely at this time that mutual agreements were drawn up. The first registered marine law was based on the owners' agreements with seafarers. The contracts between the captain and the crew drew the boundaries of the order between the parties.
With these agreements, the following issues were taken into consideration:
• Payment of fees,
• Provision of food,
• Penalties to be imposed,
• Compensation,
• Disciplinary provisions.
Seafarers' laws were as follows:
• Rules to be followed in extraordinary periods such as war or famine,
• General disciplinary rules to be observed within the ship,
• Rules on how to share the booty among seafarers,
• Rules for compensation for those injured during war or any conflict.
The increase in trade on the sea was a good event. However, the danger of piracy brought about by this incident was annoying. The laws of pirates and the laws of merchant ships were similar. From time to time private ships working for the state were seen to be pirated. There were also special laws to determine the fees or general rules for ordinary merchant ships.
The first example of pirate laws was enacted in the middle of the 17th century and was introduced by the Portuguese Bartolomeu Portugues. These laws have become popular among pirates attacking Spanish ships on the Caribbean. These pirates were also attacking the ports. These rules were later used by the following important pirates:
Henry Avery,
Henry Morgan,
Bartholomew Roberts,
Edward Thatch.
The outline and piracy laws were very similar. All pirates considered these articles valid. In addition to complying with the general provisions, the captains could add their laws to the text. Piracy laws, therefore, differed according to each captain. There were even different rules applied by the same captain at different times. The rights of the pirates to negotiate could be put into these laws.
Before sailing, these items were signed by the crew. Any member of the crew would sign these rules first. After signing, he swore that he would abide by these rules. Although there are various rumors about how the oaths were made, many sailors made their oaths on the Bible. Those seized during any conflict had to accept and sign these rules. The seized persons sometimes joined the pirate team willingly and sometimes unwillingly.
Those who did not have specific expertise in the field of maritime would not be asked to participate. They were forced into the pirate ship. Those who voluntarily wanted to join the pirates wanted the demonstrations to be held in front of the witnesses to give the impression that they were forced to join the pirates. Thus, they thought that they could claim through the witnesses that they were forced to become a pirate in case of any escape. The pirates were destroying the contracts when they were almost caught. Because they were not a party to any criminal charge by the court when there was no contract.
The general outline of the piracy laws was as follows:
• There was an equal vote in all matters concerning the ship. Every crew member who was a pirate was free to set his own rules. The pirates had to obey the captain's orders. Pirates who did not obey the rules would be punished.
• Gambling on board was prohibited because it was the main cause of the fights. Possession of women is also prohibited for the same reason. These prohibitions were important because those who did not comply were sentenced to death.
• All weapons delivered to the pirates should always be kept clean and available to the mission. If seafarers did not follow this rule, they would be punished with a deduction from their shares.
• Those who offered desertion or hid something from the sailors would be thrown to a deserted island by giving them a bottle of gunpowder, a small gun, a single bullet and a bottle of water. The same penalty was given to those who escaped from the ship during the war. • It was a crime for the crew to strike each other on board. Those who did so would be sentenced to 39 whips. The reason why the number was not 40 was the belief that 40 whip strokes would kill people.
• If any dispute arose between the crew, the parties dueled if no solution was found. They would shoot each other with the pistol in one hand, and if there was a miss, there would be a sword fight. The first person to shed blood would have won.
• Once the ship's debts were paid, the loot distribution would be made according to the law.
• Those who cheat in the distribution of loot would be abandoned to a deserted island. The theft was a serious crime. One of the crew members was doing this.
• Seafarers who lost an organ during the war or were injured in service were receiving compensation. Up to 800 pesos, this amount was observed. For minor injuries, the amount of compensation would be appreciated according to the degree of injury. Apart from these general rules, there were also special rules. For example, according to Captain John Phillips' laws, a sailor who raped an upstanding woman would be sentenced to death. There was no use of weapons other than conflict due to the risk of fire. The candle could not be lit to provide lighting outside the lantern. It is forbidden to smoke tobacco around Amber.
Pirate seafaring in the Caribbean during the early years of the 17th century began to pose a threat to maritime maritime order. The pirates came together in 1706 and designated New Providence Island as their center. Thus, a pirate state governed by pirate laws was established. This structure of selected pirates was destroyed by the British Royal Navy as a result of hard work.
The maritime laws applied today are very different from the old procedures. Procedures such as flogging or leaving a deserted island are not known. The source of the current maritime law is the 17th-century practices. With the adoption of the United Nations Convention on the Law of the Sea in 1982, the definition of national territorial waters has been redefined.