A Discourse on Pirates, by Captain Henry Mainwaring

How Seamen Become Pirates

The common sort of seamen, even those that willingly and wilfully put themselves into these courses, are greatly emboldened by reason of a received opinion and custom that is here for the most part used, that none but the Captain, Master, and it may be some few of the principal of the company shall be put to death.<36> Now since ordinarily there is not any mean used betwixt death and liberty, to punish them, unless it be a little lazy imprisonment, which is rather a charge to your Highness, than any affliction to them, since their whole life for the most part is spent but in a running prison, and for that it may be thought too much effusion of blood, to take away the lives of so many, as may perchance be found together in such an action, as also for that the State may hereafter want such men, who commonly are the most daring and serviceable in war of all those kind of people<37>: and on the contrary, to set them at liberty is but licensing them to enter into the same way again, for that the most part of them will never be reclaimed, as appears plainly by those who have been heretofore pardoned me thinketh (under correction of your Majesty's better judgement) it were no ill policy for this State, to make them slaves, in the nature of galley-slaves;<38> whereof though now we have no use, yet for guarding of the coast, there might be vessels of great force contrived, far more serviceable than any we have, especially for the summer-time, to go with sail and oars: and in the meantime, they might be employed to the advancement of many good works, with small charge to your Majesty, as about the Navy; scouring of barred havens, which especially on the East coast are choked up, to the great prejudice of the whole Kingdom, and almost the utter impoverishing of the particular places, and inhabitants there; repairing of your Highness' castles and forts on the sea-coast, which myself have since my coming, seen and perceived to be miserably ruined and decayed and divers such like, which men of better judgement and design than myself would easily invent. And this course, as it may be a means to save many their souls, by giving them a long time of repentance, so would it terrify and deter them, more than the assurance of death itself. Myself have seen them in fight, more willingly expose themselves to a present and certain death, than to a doubtful and long slavery. Other Christian princes use this kind of punishment and so convert it to a public profit, amongst whom it is observable, that as many as make slaves of offenders, have not any pirates of their nation.<39>

Many pirates, especially those who are in small ships, a few in number, and that have been out but a while, so that little notice is had of them, having gotten some purchase, do use to clear themselves, by running their ships ashore, or else by sinking them; and so saving themselves in boats, whereby they are the less noted, and that (is) in some parts far from the places of their abodes, as also most distant from the coast where they made purchase. In this course their opinion is that either they go clear, and then they have what they desire, or if they be taken it is but compounding with the Vice-Admirals or some under-officers who (because there is no man to give evidence against them, being that the parties injured may have no notice of their apprehending) may very colourably discharge them. And although this be many times used and that chiefly in Ireland, yet I know there are sufficient laws, and institutions to prohibit and punish them. And therefore the error of this is nothing but abuse by the officers, which by a strict and severe course taken by your Highness for the execution of justice might easily be reformed.

By reason that your Highness did grant a pardon to one Peter Cason<40> who betrayed the Concord of London, and one other to a Dutchman named Peeters,<41> who took another ship of London, with condition that they should give satisfaction to the English; they do generally assure themselves of a pardon, if they can but take a good English ship and be able to return or satisfy their losses. And to this they usually add, that if they can get 1000 or two, they doubt not but to find friends to get their pardons for them. They have also a conceit that there must needs be wars with Spain within a few years, and then they think they shall have a general pardon. Lastly they say, that if there be no hope of pardon here, yet Leghorn,<42> and Villefranche<43> are free for them, and thither they go.

How to reform the abuse of those privileges so contrary to civil society and common comers betwixt Christian states I know not, except either by treaty with them to abolish such ill customs, or by making the cause equal, by granting free ports for offenders against them in like nature, or by granting Letters of Reprisal to such as by the protection of those places, have their goods unlawfully detained from them. One thing I have not found to be well observed by any man, and yet is a great occasion to encourage men both to continue, and enter into those actions, is the misunderstanding of such as are called perforced-men, by which is commonly meant, such as are taken out of ships at sea, so that it is intended that they are taken away against their wills. But that your Highness may the better understand and judge of such men, I must report truly that when I have had near six or seven hundred men at one time, and for the most part all taken out of ships, I know not that I had three perforced-men, in all my Company, neither of all that I had at sea, was any taken, but in this or the like sort. Having fetched up and commanded a ship, some of the merchants' men would come to me, or to some of my captains and officers, to tell me they were desirous to serve me, but they durst not seem willing, least they should lose their wages, which they had contracted for with their merchants; as also that if by any occasion they should come home to their country, or be taken by any other princes, it would be a benefit to them, and no hurt to me, to have them esteemed perforced-men. In which respect I being desirous to have men serve me willingly and cheerfully, would give them a note under my hand to that purpose, and send men aboard to seem to take them away perforce. These men by such slender attestations are rather welcomed home, than any way molested or troubled, unless by mischance some under officer of the admiralty light upon them, and pillage them of their goods. The inconvenience and mischief whereof is this that such men knowing themselves to be privileged are more violent, head-strong, and mutinous, than any of the old crew, either to commit any outrage upon their own countrymen, or exercise cruelty upon others, as also the most unwilling men to be reduced home, till they have struck up a hand, and then they apprehend the first occasion they can to get ashore in any your Majesty's Dominions, where concealing their wealth they offer themselves to the next officers or justices, complaining of the injury they have received in being so long detained by force, and so they are commonly not molested but relieved. The way in this case neither to punish the innocent, nor to let the guilty escape, is (in my conceit) to have all such committed, till a just proof may be made whether they have received shares or pillage of the goods or not, more than to supply their necessary wants and wearing clothes; if they have, they are then absolutely as willing and as guilty as is the commander. For I never knew seamen so violently liberal, as to force men to receive money, nor any so courteous and so conscionable as to refuse what was offered them.