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.