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 [Sidenote:
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.