Moreover, pirats are those who range the seas without licence from their prince; who when they are met with, are punished more severely by their owne lords, then when they fall into the hands of strangers: which is notorious to be more severely prosecuted in England, in time of peace, then in any of the kingdomes of Christendome.
But the English have all licence, either immediately from their prince, or from others thereunto authorized, and so cannot in any sence be comprehended under the name of pirats, for any hostility undertaken against Spaine or the dependancies thereof.
The custom of Spaine for of warre.
And so the state standing as now it doth; if in Spaine a particular man should arm a shippe, and goe in warre-fare with it against the English, and happened to be taken by them; I make no question, but the company should bee intreated according to that manner, which they have ever used since the beginning of the warre, without making further inquisition.
Then if hee were rich or poore, to see if hee were able to give a ransome, in this also they are not very curious. But if this Spanish shippe should fall athwart his King’s armado or gallies, I make no doubt but they would hang the captaine and his companie for pirates. My reason is, for that by a speciall law, it is enacted, that no man in the kingdomes of Spaine, may arme any shippe, and goe in warre-fare, without the King’s speciall licence and commission, upon paine to be reputed a pirate, and to bee chastised The custome of England. with the punishment due to corsarios. In England the case is different: for the warre once proclaimed, every man may arme that will, and hath wherewith; which maketh for our greater exemption from being comprehended within the number of pirates.
With these, and other like arguments to this purpose, (to avoid tediousnes, I omitt): I convinced all those whom I heard to harpe upon this string: which was of no small importance for our good entreatie, and motives for many, to further and favour the accomplishment of the promise lately made unto us.
SECTION LXV.
A disputation concerning buena querra.
One day after dinner, as was the ordinary custome, the generall, his captaines, and the better sort of his followers, being assembled in the cabbin of the poope in conference, an eager contention arose amongst them, touching the capitulation of buena querra, and the purport thereof. Some sayd that onely life and good entreatie of the prisoners was to be comprehended therein: others enlarged, and restrained it, according to their humors and experience. In fine, my opinion was required, and what I had seene and knowne touching that point: wherein I pawsed a little, and suspecting the worst, feared that it might be a baite layd to catch me withall, and so excused my selfe, saying: that where so many experimented souldiers were joyned together, my young judgement was little to be respected: whereunto the generall replied, that knowledge was not alwayes incident to yeares, though reason requireth that the aged should be the wisest, but an art acquired by action and management of affaires; and therefore they would be but certified what I had seene, and what my judgement was in this point. Unto which, seeing I could not well excuse myselfe, I condiscended; and calling my wits together, holding it better to shoote out my boult by yeelding unto reason, although I might erre, then to stand obstinate, my will being at warre with my consent, and fearing my deniall might be taken for discourtesie, which peradventure might also purchase me mislike with those who seemed to wish The resolution, etc. me comfort and restitution; I submitted to better judgement, the reformation of the present assembly, saying: “Syr, under the capitulation of buena querra, or fayre warres, I have ever understood, and so it hath beene observed in these, as also in former times, that preservation of life and good entreatie of the prisoner have beene comprehended; and further, by no meanes to be urged to any thing contrary to his conscience, as touching his religion; nor to be seduced or menaced from the allegeance due to his prince and country; but rather to ransome him for his moneths pay. And this is that which I have knowne practised in our times, in generall, amongst all civill and noble The noble usage of the English, nations. But the English have enlarged it one point more towards the Spaniards rendred a buena querra in these warres; have ever delivered them which have beene taken upon such compositions, without ransome: but the covetousnes but abused in these dayes. of our age hath brought in many abuses, and excluded the principall officers from partaking of the benefit of this privilege, in leaving them to the discretion of the victor, being, many times, poorer then the common souldiers, their qualities considered; whereby they are commonly put to more then the ordinary ransome; and not being able of themselves to accomplish it, are forgotten of their princes and sometimes suffer long imprisonment, which they should not.”