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.