to have lost his fortune (it is difficult to see how, as his ship escaped) in a piratical expedition of Hawkins (1562-1568) against the colonies of Spain, it was said "that the King of Spain's subjects had undone Mr. Drake, and therefore Mr. Drake was entitled to take the best satisfaction he could on the subjects of the King of Spain." Such were the notions which prevailed many years subsequent to the period of history with which we are now concerned. The only power approaching efficiency which the sovereigns possessed, was that of holding the ports from which ships issued responsible for the conduct of the crews, and requiring the owners and captains to enter into bonds for the conduct of their vessels upon the sea. That such bonds should be given were the conditions of several treaties, to which we have already referred. But as the lust for marine plunder, which had been excited to an uncontrollable extent by the discoveries of Portugal and Spain, led to expeditions to which it will be necessary to allude, it may not be improper to illustrate the condition in this respect of the western nations from an unquestionable source, the "Tractatus Depredationis" (12) Rym. Foed. 629), between Francis I. and Henry VIII. (1518), two kings who had the semblance at least of a royal marine.

To put an end to suits relating to spoliations, as to which there was complaint of interminable delay, it was resolved that such suits should be disposed of by the judges at once, or referred to judges thereby appointed; and that any inferior judges refusing to send to them the proceedings within ten days after the requisition of either party, should forfeit thirty silver marks, and that if they proceeded in the cause without the consent of both parties, their judgment should be void.

And that, as well for disposing of future as existing causes, the admiral, vice-admiral, or their deputies, and the Master of the Rolls should be appointed judges in London for England; and the admiral, vice-admiral, or their deputies, and especially the President of the Court of Registry in Rouen,

for France. And that they should determine summarily within six months, if the parties required it, and without form, causes of maritime incursions, piracies, and depredations in which proceedings had been taken, and within a year at furthest new causes, or when little had been done.

It was provided that military aid should, if necessary, be afforded to enforce the judgments, and an appeal was given, on certain conditions, to the supreme council of the respective kings.

And as it might be difficult to seize the depredators, or to ascertain their abodes, proclamation was to be made by the crier, or trumpet, or other usual mode of giving notice, in the harbours or towns of their prince nearest to the place where the injury occurred, which, if repeated at any time after fifteen days, was to have the effect of a citation personally served.

And to prevent future piracies, it was agreed that the

admiral or proper officer of every harbour in each kingdom

should require sufficient security from the owners or officers of every native ship, according to her value and equipment, to be given before leaving port; that the owners, masters, mariners and sailors, and all on board, should keep the peace towards the subjects of the other prince, and abstain from committing any injury against them on the land, the rivers, the harbours, or the sea; and should not take on board any passengers, sailors, or soldiers until their names had been given to such admiral or deputy, who should inscribe them in a register. And that before leaving port all on board such vessel should swear that they would not in the course of the voyage do any injury to the lands or persons of the other king's subjects, by land, in the rivers, or on the sea; and also that in all cases of bringing in captures, booty, or spoil, they would bring two or three of the chief persons of the captured ship before the admiral or viceadmiral, or their deputies, to be examined as to the capture

or goods, and that they would not make, or suffer any division, transfer, change, or alienation of the plunder, spoil, or merchandise until they should have been presented for the examination of the officer of the port, who was to determine what was to be done. And that they should swear that on their return to port, or arrival in any harbour of the kingdom from which they sailed, they would immediately inform the officer of the port from which they departed, respecting any goods, spoil, booty, or merchandise. And it was provided that a record should be made of these securities and cautions, one to be retained in the port, and the other delivered to the officer of the ship; and that they should be allowed to depart from any port at which it was produced.

And it was stipulated that the officer of the port should not permit any portion of such merchandise to be transferred, changed, sold, or alienated.

And it was provided that the proper port-officer, guilty of neglect in omitting to require the security and oaths, should be personally liable for any injury which might be done by the ship, or any one in her.

And that proclamation should be made prohibiting merchants and others of any rank or condition, under penalty of imprisonment and confiscation of property, from purchasing, or taking by gift, transfer, or any other title or colour, and from holding, hiding, concealing, or receiving any merchandise or goods, or anything whatever taken upon the sea, before the admiral, vice-admiral, or their deputies had declared the booty and capture to be good and lawful spoil, and from procuring or permitting anything of the kind to be done.

The treaty makes provisions for enforcing the bonds, satisfaction for injuries, and restitution of plunder, and various provisions as to the mode of proceeding; and declares that the like course shall be applied to depredations committed on land.

544. About 1523 the French began to interest themselves in discovery of new lands, with the like appetite for conquest. Their first expeditions were however directed by foreign assistance. Verazzano, a Florentine, conducted them to Carolina or Georgia, and along the coast to Newfoundland. Within twelve years they had again visited Newfoundland and the mighty city of Hochelaga (near where now stands Montreal), consisting of full fifty wooden houses, roofed with bark; the enclosure in which it stood was surrounded with a palisade. The French king assumed possession, and created a Viceroy of Hochelaga, Canada, Newfoundland, and Labrador, and the viceroy erected and abandoned a fort.

545. The English had made one more voyage towards the north-west, under Sebastian, the son of John Cabot. His proposal was to sail by the Pole to the East, and return by the Straits of Magellan, loaded with precious stones, balms, silks, muslins, and gold. He sailed about 1526, and discovered Hudson's Bay, and explored the coast as far south as Virginia. With this, the English expeditions to the north-westward temporarily ceased.

546. The Spaniards in their New World extended their discoveries along the Pacific coast. It was surveyed by Ximenes and Ulloa (1539) to California, and by Alarcon (1542) to the Colorado, and soon afterwards by Cabrillo beyond Cape Mendocino, and by Viscanio to Columbia, and perhaps further north.

547. Spain, which had expelled the Moors and the Jews, the arts, sciences, and almost every trace of internal wealth, teemed with soldiers and adventurers avaricious of gold. The nobles, the peasants, and the artisans, crowded in thousands to the regions in which inexhaustible riches were to be found. It is not for us to narrate the romantic achievements of Cortez, or the desolating progress of Pizarro and his murdering band. Nor is it within our province to record the brilliant exploits of the Portuguese in establishing

their more commercial empire on the coasts of Africa, India, and Brazil.

548. In the middle of the sixteenth century, at length English merchants began to think again of finding a way to India and Cathay. Their vessels were not yet prepared for regular encounter with the galleons and carracks of Portugal and Spain; to force their way by the Cape of Good Hope, or to assail the settlements on the West Indian Islands and the Central American coasts. Merchants of London took counsel with Sebastian Cabot, who had returned from Spain, and held the office of Grand Pilot of England, with a salary of £60 a year, as to the practicability of approaching the Oriental realms by the north-east. Under his advice, the first English expedition set forth under Sir Hugh Willoughby,-three ships, described as of extraordinary strength, with keels covered with sheets of lead, then for the first time so applied, and furnished with provisions for eighteen months. This was the most peaceable squadron which had yet set forth; for instead of a warrant to discover and subdue, the commander bore (1553) letters from Edward VI. to the kings, princes, rulers, judges, and governors of the earth, promising not to trespass, soliciting free passage and hospitality, and engaging to confer similar benefits in return. They followed the course of Othere round the North Cape into the White Sea; and although the enterprise was unfortunate, and its immediate object failed, the commander visited the Muscovite court, and laid the foundation of that trade which led to the establishment of the Muscovy company in England. Frobisher and others in vain attempted to find their way in this direction to the East.

549. There had been for some time growing up a race of men, if possible, hardier, more daring, and certainly more adventurous, than even the ancient pirates of the North, called, by themselves, Gentlemen-privateers, because their expeditions were fitted out by merchants and other speculators, including themselves; by the French, Corsairs and Flibus-,