SECTION XLV.
Leaving the coast of Chily, and running towards that of Peru, my company required the third of the gold we had gotten, which of right belonged unto them; wherein I desired to give them satisfaction of my just intention, but not to devide it till we came home, and so perswaded them with the best reasons I could; alledging the difficultie to devide the barres, and being parted, how easie it was to be robbed of them, and that many would play away their portions, and come home as beggerly as they came out; and that the shares could not be well made before our returne to England, because every mans merites could not be discerned nor rewarded till the end of the voyage. In conclusion, it was resolved, and agreed, that the things of price, as gold and silver, should be put into chests with three keyes, whereof I should have the one, the master another, and the third, some other person whom they should name. This they yeelded unto with great difficultie, and not without reason; for the bad correspondence used by many captaines and owners with their companies upon their returne, defrauding them, or diminishing their rights, hath hatched many jealousies, and produced many disorders, with the overthrow of all good discipline and government, as experience teacheth; for where the souldier and mariner is unpaide, or defrauded, what service or obedience can be required at his hands?
Most men unwilling to follow covetous commanders.
The covetous captaine or commander looseth the love of those under his charge: yea, though he have all the parts besides required in a perfect commander, yet if he preferre his private profite before justice, hardly will any man follow such a leader, especially in our kingdome, where more absolute authoritie and trust is committed to those who have charge, then in many other countries.
And therefore in election of chieftaines, care would be had in examination of this poynt. The shamefull fruites whereof (found by experience of many yeares, wherein I have wandred the world), I leave to touch in particular; because I will not diminish the reputation of any. But this let me manifest, that there have bin, and are, certaine The mischiefs of corrupt or scantie provisions. persons, who, before they goe to sea, either robbe part of the provisions, or in the buying, make penurious, unholsome, and avaritious penny-worths; and the last I hold to be the least: for they robbe onely the victuallers and owners; but the others steale from owners, victuallers, and companie, and are many times the onely overthrowers of the voyage; for the company thinking themselves to be stored with foure or sixe moneths victualls, upon survay, they finde their bread, beefe, or drinke short, yea, perhaps all, and so are forced to seeke home in time of best hopes and imployment. This mischiefe is most ordinary in great actions.
Lastly, some are so cunning, that they not onely make their voyage by robbing before they goe to sea, but of that also which commeth home. Such gamsters, a wise man of our nation resembled to the mill on the river of Thames, for grinding both with flood and ebbe: so these at their going out, and comming home, will be sure to robbe all others of their shares. Although this be a great abuse amongst us, and but of late dayes practised, and by me spoken unto by way of animadversion, either in hope of redresse, or for infliction of punishment; yet I would have the world know, that in other countries the fault is farre more insufferable. And the principall cause which I can finde for it, is that our country imployeth her nobles, or men of credite in all actions of moment, who rather chuse to spend wealth and gaine honor, then to gaine riches without reputation: whereas in Spaine, and other partes, the advancement of poore men and meane persons by favour and interest, produceth no other end, but private and particular respects to enrich themselves; yet the nobilitie themselves, for the most part, in all occasions pretend rewards for any small service whatsoever, which with us as yet is not in use.
Of detayning and defrauding of wages.
But the greatest and most principall robbery of all, in my opinion, is the defrauding or detaining of the companies thirdes[193] or wages, accursed by the just God, who forbiddeth the hyre of the labourer to sleepe with us. To such I speake as either abuse themselves in detayning it; or else to such as force the poore man to sell it at vile and low prices; and lastly, to such as upon fained cavils and sutes, doe deterre the simple and ignorant sort from their due prosecutions; which being too much in use amongst us, hath bred in those that follow the sea a jealousie in all imployments, and many times causeth mutenies and infinite inconveniences. A poynt deserving consideration and reformation, and which with great facilitie may be remedied, if upright justice would put it selfe as stickler betwixt the owners and company.
Of mariners by challenge of pillage.
No lesse worthie of reformation are the generall abuses of mariners and souldiers, who robbe all they can, under the colour of pillage, and after make ordinance, cables, sayles, anchors, and all above deckes, to belong unto them of right, whether they goe by thirdes or wages: this proceedeth from those pilfering warres, wherein every gallant that can arme out a shippe, taketh upon him the name and office of a captaine, not knowing what to command, nor what to execute. Such commanders, for the most part, consort and joyne unto themselves disorderly persons, pyrates, and ruffians, under the title of men of valour and experience: they meeting with any prise, make all upon the deckes theirs of dutie; viz.—the best peece of ordinance for the captaine; the second, for the gunner; the third, for his mate; the best cable and anchor for the master; the maine topsayle for the botesman:[194] the bonnetts for the quarter masters; and the rest of the sayles for the company. The cardes and instruments of the master, for the master; the surgeans instruments and chest for the surgean; the carpenters tooles and chest for the carpenter; and so consequently of each officer, that answereth the other in the two shippes.
If one happen upon a bag of gold, silver, pearle, or precious stones, it is held well gotten, provided it be cleanly stolne, though the shippe and all her loading besides be not worth so much; little considering the common injury in defrauding the owners, victuallers, and whole companie: and forgetting, that if himselfe were a jury-man upon another in like case, he would adjudge him to the gallows. But I would advise such novices to know, that our true and auncient discipline of warre is farre different, and being understood, is much more better for the generall. Besides it is grounded on Gods law (from whence all lawes should be derived), and true justice, which distributeth to every one that which to him belongeth of right, and that in due season.
In the time of warre in our country, as also in others The lawes of Oleron, concerning pillage. by the lawes of Oleron, which to our auncient sea-men were fundamental, nothing is allowed for pillage but apparell, armes, instruments, and other necessaries belonging to the persons in that shippe which is taken; and these too when the shippe is gained by dint of sword; with a proviso, that if any particular pillage exceed the valew of sixe crownes, it may be redeemed for that valew by the generall stocke, and sould for the common benefit.
If the prise render it selfe without forcible entry, all in generall ought to be preserved and sould in masse, and so equally devided; yea though the shippe be wonne by force and entry, yet whatsoever belongeth to her of tackling, sayles, or ordinance, is to bee preserved for the generalitie: saving a peece of artillery for the captaine, another for the gunner, and a cable and anchor for the master; which are the rights due unto them: and these to be delivered when the shippe is in safety, and in harbour, eyther unloaden or sould. Which law or custome, well considered, will rise to be more beneficiall for the owners, victuallers, and company, then the disorders newly crept in and before remembred.
For the sayles, cables, anchors, and hull, being sould every one a part, yeeld not the one halfe which they would doe if they were sould altogether; besides the excusing of charges and robberies in the unloading and parting.
In the warres of Fraunce, in the time of queen Mary, and in other warres, as I have heard of many auncient captaines, the companie had but the fourth part, and every man bound to bring with him the armes with which hee would fight; which in our time I have knowne also used in Fraunce: and if the company victualed themselves, they had then the one halfe, and the owners the other halfe for the shippe, powder, shott, and munition. If any prise were taken, it was sould by the tunne, shippe and goods, so as the loading permitted it; that the marchant having bought the goods, hee might presently transport them whethersoever he would. By this manner of proceeding, all rested contented, all being truely paid; for this was just dealing: if any deserved reward, he was recompensed out of the generall stocke; if any one had filched or stolne, or committed offence, hee had likewise his desert. And who once was knowne to be a disordered person, or a theefe, no man would receive him into his shippe; whereas, now a dayes many vaunt themselves of their theftes and disorders: yea I have seene the common sort of mariners, under the name of pillage, maintaine and justify their robberies most insolently, before the queens majesties commissioners, with arrogant and unseemly termes, for that they would not condiscend to their unreasonable challenges. The demaunds being better worth then five hundreth poundes, which some one pretended to be his; and that of the choysest marchandize, and most of it robbed out of that part of the shippe, which they themselves, and all the world, cannot but confesse to be marchandize.
My opinion is, that such malaperts deserve most justly to have their spoyle taken from them, or some worse consideration, and afterwards to be severely punished, in prevention of greater prejudices, then can by paper be well declared.
But I must tell you withall, such hath beene the partiallitie of some commissioners in former times, that upon information, in lieu of punishment, opinion hath held them for tall fellowes, when, in truth, they never prove the best men in difficult occasions. For their mindes are all set on spoyle, and can bee well contented to suffer their associates to beare the brunt, whillest they are prolling after pillage, the better to gaine and mainetaine the aforesaid attributes in tavernes and disorderly places.
For the orderly and quiet men I have ever found in all occasions to bee of best use, most valiant, and of greatest sufficiency. Yet I condemne none, but those who will be reputed valiant, and are not: examine the accusation.
What ought to be reputed pillage.
All what soever is found upon the decke going for marchandize, is exempted out of the censure of pillage: silks, linnen, or woollen cloth in whole peeces, apparell, that goeth to be sold, or other goods whatsoever, though they be in remnants, manifestly knowne to be carryed for that end; or being comprehended in the register, or bils of lading, are not to bee contayned under the name of pillage.
But as I have sayd of the consort, so can I not but complaine Against the disloyalties of captaines. of many captaines and governours, who, overcome with like greedie desire of gaine, condiscend to the smoothering and suppressing of this auncient discipline, the clenlier to smother their owne disloyalties, in suffering these breake-bulks to escape and absent themselves, till the heate be past and partition made.
Some of these cause the bils of lading to be cast into the sea, or so to bee hidden that they never appeare. Others send away their prisoners, who sometimes are more worth then the shippe and her lading, because they should not discover their secret stolne treasure; for many times that Concealment of much more value then the trading. which is leaft out of the register or bils of lading, with purpose to defraud the prince of his customes (in their conceits held to be excessive), is of much more value then that which the shippe and lading is worth. Yea I have knowne shippes worth two hundreth thousand pounds, and better, cleane swept of their principall riches, nothing but the bare bulke being leaft unsacked. The like may be spoken of that which the disorderly mariner and the souldier termeth pillage; yet all winked at and unpunished, although such prizes have beene rendred without stroake stricken.
This, doubtlesse, cannot but be a hearts greife and discouragement to all those who vertuously and truely desire to observe the auncient discipline of our nation, their owne honours, and the service of their soveraigne.
The prevention of undue pillagings.
But to prevent these unknowne mischiefes, and for his better discharge, I remember that my father, Sir John Hawkins, in his instructions, in actions under his charge, had this particular article: that whosoever rendred or tooke any shippe, should be bound to exhibite the bils of lading; to keepe the captaine, master, marchants, and persons of account, and to bring them to him to be examined, or into England. If they should bee by any accident seperated from him, whatsoever was found wanting (the prisoners being examined), was to bee made good by the captaine and company which tooke the shippe, and this upon great punishments. I am witness, and avow that this course did redownd much to the benefitte of the generall stocke; to the satisfaction of her majestie and counsell, the justification of his government, and the content of his followers.
Thus much have I set downe concerning these abuses and the reformation thereof, for that I have neither seene them divulged by any with whom I have gone to sea, neither yet recorded in writing by any mans pen. Let consideration present them to the eares of the powerfull. But now to our voyage.