Imprim. All manner of Bedding and Clothes without stripping, all manner of Necessaries, Gold Rings, Buckles, Buttons, Liquors, and Provisions for our own expending and use, with all sorts of Arms and Ammunition, except great Guns for Ships, is Plunder, and shall be divided equally amongst the Men of each Ship, with their Prizes, wither aboard or ashore, according to the whole Shares.

Sailing towards Guiaquil.

2. It is also agreed, that any sort of wrought Silver or Gold Crucifixes, Gold and Silver Watches, or any other Movables found about the Prisoners, or wearing Apparel of any kind, shall likewise be Plunder: Provided always we make this Reserve, that Mony and Womens Ear-Rings, with loose Diamonds, Pearls, and precious Stones be excepted. And if any thing is short and omitted in this Publication, we do hereby declare, that when this Expedition is over, every particular Man shall have a Hearing; or the Persons already appointed for the Company of both Ships, may come to us, and insist on what is or ought to be deem’d Plunder, either more or less than what is here inserted; and that a general Committee of the Officers of both Ships shall immediately meet, and at once resolve if any mors is or ought to be Plunder. And that we shall give all manner of Encouragement, without Fraud to the Owners, or Prejudice to our selves, Officers, and Men, in the same manner as agreed on at the Island of St. Vincent on this head: Provided always that our Intent and Meaning for the Mens Encouragement be not made liable to a Construction prejudicial to the Owners, or Ships Companies Interest; and that under pretence of the aforesaid Movables allow’d to be Plunder, no Person whatsoever do seize on, or clandestinely hide any wrought or unwrought Gold or Silver, Pearls, Jewels, Diamonds, and other precious Stones, which are not found about the Prisoners, or their wearing Apparel; which shall be accounted a high Misdemeanour, and punish’d severely: And that no Person do presume to keep any Plunder, but immediately deliver it to his Officers publickly, and carry it directly to the Place appointed for Plunder.

In case this or any other Town, Fort, Ships, or the like, be taken in this Expedition by Storm, then the same Encouragement shall be allow’d each Man, as agreed on at St. Vincent, over and above the Gratuity promis’d by the Owners, to such as shall signalize themselves in time of Action, as by their Instrument appears. But if any Party of ours, or the whole, or any separate Body shall be engag’d with the Enemy on shore, and become Victors, then all Prisoners, the Mony, Arms, and Movables about ’em, are immediately on that place to be brought to the Officer or Officers of that Body or Party, and put into a general Stock, to be divided proportionately amongst those only of our Men that were engag’d in that Action, who are to enjoy the whole Reputation and Right of it to themselves.

And tho there had been nothing yet taken worth a Division of Plunder, we don’t question but the effecting this good Enterprize will equally encourage us all, and that we shall gladly and expeditiously get the Wealth of the Town brought to the places appointed on shore. There shall at the same time be several Places appointed, and Men to receive Plunder, and a sufficient time before we leave the Town allow’d to ship it off by it self, and Men appointed to take care and an account of it; which, with all other Plunder, shall be enter’d in publick Books: and when we come on board, we hope and design to divide it equally, to the Satisfaction of all concern’d.

And to prevent all manner of pernicious and mischievous Ill-Conduct that may accrue by Disorders on shore, we pressingly remind you, that any Officer or other that shall be so brutish as to be drunk ashore in an Enemy’s Country, shall not only be severely punish’d, but lose all share of whatsoever is taken in this Expedition. The same Punishment shall be inflicted on any that disobeys Command, or runs from his Post, discourages our Men, or is cowardly in any Action, or presumes to burn or destroy any thing in the Town without our Order, or for mischief sake; or that shall be so sneakingly barbarous to debauch themselves with any Prisoners on shore, where we have more generous things to do, both for our own Benefit and the future Reputation of our selves and our Country. We shall always take care to keep Prisoners of the best Note, as Pledged for our Men that may be accidentally missing: for as soon as any Man is wanting, we shall engage the Spaniards to bring him to us, or give a satisfactory account of him. But we desire no Man to trust to this, or be a moment from his Officers and Post. And if all the foregoing Rules be strictly follow’d, we hope to exceed all other Attempts of this nature before us in these Parts; and not only to enrich and oblige our selves and Friends, but even to gain Reputation from our Enemies. Dated and sign’d on board the Duke, the 13th of April, 1709.

Tho. Dover, Pres. Stephen Courtney.
Woode Rogers.

April 14. This Morning we got all our Arms, Ammunition, and Provisions, with part of our Men, &c. aboard. Our Bark being the largest, we took in part of Capt. Courtney’s Men; and his Bark carrying the rest, we stood into the great Bay of Guiaquil all night, designing to leave the Ships a good distance at Sea, for fear of being discover’d from the Town call’d Tombes, which lying on the Starboard side going in, would ruin our Design. Wind at South, but very little. Lat. 4. 23. 85. 42.

Sailing towards Guiaquil.

April 15. At Break of Day we saw a Ship between us and the Land: being calm, we sent off both our Pinnaces mann’d and arm’d. But our Men expecting no Resistance from that Ship, they hurry’d from us, left out their Swivel-Gun, and carry’d but a slender Stock of Arms with them. My Brother John Rogers being unfortunately aboard our Ship, to assist me in getting ready, because he was to be Lieutenant of my Company ashore, he stept into our Boat. I had before this oppos’d his landing, which he resented as a Slight; and this hinder’d me stopping him now, tho it was not his business, he being second Lieutenant of our Consort, and we having Officers enough of our own for that Service: but Mr. Frye, who commanded the Boat, being related to us, was the occasion of my Brother’s Willingness to go as a Volunteer with him. The Dutchess’s Pinnace was worse provided than ours, and had not Arms enough for their Men, as Capt. Cooke told me afterwards. About nine a clock our Boat came within shot of the Ship, which prov’d to be the French-built Ship belonging to Lima, the same we have been a cruising for. They hoisted their Spanish Ensign in its place, and a Flag at their Top-Mast-Head; which our Boats took to be the Bishop’s Banner, because it was broad, made of white Sattin and fring’d, which was unusual Colours in Ships. They fir’d a Gun at our Boat, which lay still above half an hour before the Dutchess Pinnace came up, she not rowing so well as ours. When they came up, Capt. Cooke, Mr. Frye, and my Brother consulted how to begin the Attack with advantage: They agreed that our Boat should ply her under the Stern, and the other on the Bow, till they could get near enough to board at once. But when they came up, the Spaniards brought a Gun right aft, and upwards of twenty small Arms pointed into the Boats; so that the Fight began before they could reach the Station agreed on, and both were forc’d to engage the Enemy abaft, where they had five Guns mounted. Our People were constrain’d to fall a-stern twice, after the loss of one Man kill’d and three wounded. The Boats and Sails were much damag’d by the Enemies Partridge-shot,[128] yet they again attempted to come up and board her. At this Attack my unfortunate Brother was shot thro the Head, and instantly died, to my unspeakable Sorrow: but as I began this Voyage with a Resolution to go thro it, and the greatest Misfortune or Obstacle shall not deter me, I’ll as much as possible avoid being thoughtful and afflicting my self for what can’t be recall’d, but indefatigably pursue the Concerns of the Voyage, which has hitherto allow’d little Respite. Our Men, upon this Disaster, left engaging, and put all their spare Men and Arms into the Dutchess’s Boat; who was to keep between the Enemy and the Shore, to prevent them from landing their Riches. Our Ships having little Wind, were yet at a distance; and our Boat came aboard after noon, with two dead and three wounded Men.