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.
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.