The Articles of War - 1749

If you read any of Patrick O'Brien or Dudley Pope's book or indeed any other book about the Royal Navy in Nelson's time you will come across the articles of war.

These in a sense were the ten commandments of the day, read out in the same reverence as a sermon. To some seamen they were the closest thing to a naval prayer and although probably not known by heart were as familiar as the bible's ten commandments.

The way the sentence of death follows several crimes is like a full stop or "Amen" after a prayer.

A seaman's life was harsh and punishment was often cruel and swift. The Captain of a ship was a virtual dictator, a giver and taker of reward and punishment. The Captain was always right by virtue of the articles of war even if questionably sane.

The questioning of command was to face a court martial which could result in your death especially if the Captain had friends in high places.

The articles of war were essentially to keep the lower ranks of often pressed men ( men grabbed by the navy from on shore or from merchant ships) who were often rebellious and un-compliant under control.

It was not a fair or just system but one which was believed to be necessary to counter the threat from the European navies of the era.

The articles of war were the basis of power in the navy. It regimented discipline in an at times unruly mob.

However even these harsh threats with many actions resulting in death did not prevent widespread break downs in discipline. Entire fleets mutinied at Nore and Spithead as well as other mutinies in individual ships. Leaders and other participants were often hung as a result in accordance with the articles of war.

The authors lead us to believe that good Captains barely resorted to the punishment set out in the articles. These Captains maintain discipline as good military commanders do, by giving firm leadership, inspiring loyalty and when offences were committed dealing with offenders fairly and leniently if appropriate.

The bad captains used the articles as a crutch pouncing on any small infraction and punishing the offenders swiftly and severely, these captain were weak leaders who ruled by fear and threat of punishment.

The articles of war could never be described as a pleasant rule book and lives depended on senior officers interpretation of the articles.

It comes down to whether the ends justify the means. Our forces by in large withstood attacks from Europe but sailors suffered grievously under the articles of war disciplinary regime.

As always there is a balance to be maintained between the eventual outcome and the immediate rights of the individual.

Audio File - Article 12