It was therefore found necessary to come to a definite arrangement as to the disposal of the plunder of Guiaquil before "the mixed gang of most European nations" of which the crews were composed could be induced to enter heartily into an attempt upon it. Rules were, therefore, after much discussion, drawn up for the conduct of all taking part in this little invasion, and "what was to be deem'd the men's share" in the booty settled, which included "all manner of bedding and clothes, short of stripping" (whatever that might mean), "gold rings, buckles, buttons, liquors and provisions; with all arms and ammunitions, except great guns for ships; "in a word, everything portable was to be carried off, and be divided equally among the men, the one very honourable exception being "woman's earrings." It was also settled "that prisoners of note shall be carefully kept as pledges for any of our men that be missing. But that it was desirable no man should trust to this, or be a moment absent from his officers or post." The whole winding up with the hope "that the foregoing rules being strictly follow'd, they will exceed all other attempts of this nature before us in these parts; and not only enrich and oblige ourselves and friends, but even gain reputation from our enemies." The plunder of Guiaquil had scarcely been thus comfortably arranged, and two of the small prizes armed and manned for it, when at daybreak of April the 15th another sail was "sighted between them and the land," and, being calm, both ships' pinnaces were sent in pursuit of her. [Sidenote: _A Spanish ship attack'd._] [Sidenote: _Lieut. Rogers, my brother, killed._] Unfortunately, in the hurry of starting for the chase, and expecting little resistance, they neglected to take their swivel guns, or "patereroes," with them. The result of which was, that after repeated attempts "to get into a position for boarding, the boats were obliged to retire much damaged, under a heavy fire of partridge shot and small arms, with the loss of two kill'd and three wounded: among the former was," says Rogers, "my unfortunate brother, Mr. Thomas Rogers, shot through the head, and instantly died, to my unspeakable sorrow." Philosophically adding, "but as I began this voyage with a resolution to go thro it, and the greatest misfortune shall not deter me, I'll as much as possible avoid being thoughtful and afflicting myself for what can't be recall'd, but indefatigably pursue the concerns of the voyage, which has hitherto allow'd little respite." [Sidenote: _The ship taken._] The Spanish ship was accordingly followed up and taken that afternoon at 2 p.m., and proved to be the ship from Panama; "but we missed the Bishop," says Rogers, "who ten days before landed at Point St. Helena with his attendants, plate, &c."