Part 6
Kidd put some of his men on board the Queda Merchant, and with this ship and his own, sailed for Madagascar. As soon as he had arrived and cast anchor, there came on board of him a canoe, in which were several Englishmen, who had formerly been well acquainted with Kidd. As soon as they saw him they saluted him, and told him, they were informed he was come to take them, and hang them, which would be a little unkind in such an old acquaintance. Kidd soon dissipated their doubts, by swearing he had no such design, and that he was now in every respect their brother, and just as bad as they; and calling for a cup of bombo, drank their captain’s health.
These men belonged to a pirate ship, called the Resolution, formerly the Mocha Merchant, whereof one Capt. Culliford was commander, and which lay at anchor not far from them. Kidd went on board with them, promising them his friendship and assistance, and Culliford in his turn came on board of Kidd; and Kidd to testify his sincerity in iniquity, finding Culliford in want of some necessaries, made him a present of an anchor and some guns, to fit him out for sea again.
The Adventure galley was now so old and leaky, that they were forced to keep two pumps continually going; wherefore Kidd shifted all the guns and tackle out of her into the Queda Merchant, intending her for his man of war; and as he had divided the money before, he now made a division of the remainder of the cargo: soon after which, the greatest part of the company left him, some going on board Capt. Culliford, and others absconding into the country, so that he had not above 40 men left.
He put to sea, and happened to touch at Amboyna, one of the Dutch spice islands, where he was told, that the news of his actions had reached England, and that he was there declared a pirate.
The truth of it is, his piracies so alarmed our merchants, that some motions were made in parliament, to inquire into the commission that was given him, and the persons who fitted him out. These proceedings seemed to lean a little hard upon Lord Bellamont, who thought himself so much touched thereby, that he published a justification of himself in a pamphlet, after Kidd’s execution. In a mean time it was thought advisable, in order to stop the course of these piracies, to publish a proclamation, offering the king’s free pardon to all such pirates as should voluntarily surrender themselves, whatever piracies they had been guilty of, at any time before the last day of April, 1699—that is to say, for all piracies committed eastward of the Cape of Good Hope, to the longitude and meridian of Socatora, and Cape Cormorin; in which proclamation, Avery and Kidd were excepted by name.
When Kidd left Amboyna he knew nothing of this proclamation, for certainly had he had notice of his being excepted in it, he would not have been so infatuated, as to run himself into the very jaws of danger; but relying upon his interest with the lord Bellamont, and fancying that a French pass or two he found on board some of the ships he took, would serve to countenance the matter, and that part of the booty he got would gain him new friends—I say all these things made him flatter himself that all would be hushed, and that justice would but wink at him.—Wherefore he sailed directly for New-York, where he was no sooner arrived, but by the Lord Bellamont’s orders, he was secured with all his papers and effects. Many of his fellow-adventurers, who had forsook him at Madagascar, came over from thence passengers, some to New-England and some to Jersey; where hearing of the king’s proclamation for pardoning of pirates, they surrendered themselves to the governor of those places. At first they were admitted to bail, but soon after laid in strict confinement, where they were kept for some time, till an opportunity happened of sending them with their captain over to England to be tried.
Accordingly a sessions of admiralty being held at the Old Bailey, in May, 1701, Capt. Kidd, Nicholas Churchill, James How, Robert Lumley, William Jenkins, Gabriel Loff, Hugh Parrot, Richard Barlicorn, Abel Owens, and Darby Mullins, were arraigned for piracy and robbery on the high seas, and all found guilty except three: these were Robert Lumley, William Jenkins, and Richard Barlicorn, who proving themselves to be apprentices to some of the officers of the ship, and producing their indentures in court, were acquitted.
The three above mentioned, though they were proved to be concerned in taking and sharing the ship and goods mentioned in the indictment, yet, as the gentlemen of the long robe rightly distinguished, there was a great difference between their circumstances and the rest; for there must go an intention of the mind and a freedom of the will to the committing an act of felony or piracy. A pirate is not to be understood to be under constraint, but a free agent; for in this case, the bare act will not make a man guilty, unless the will make it so.
Now a servant, it is true, if he go voluntarily, and have his proportion, he must be accounted a pirate, for then he acts upon his own account, and not by compulsion; and these persons, according to the evidence, received their part, but whether they accounted to their masters for their shares afterwards, is the matter in question, and what distinguishes them as free agents, or men that did go under the compulsion of their masters, which being left to the consideration of the jury, they found them _not guilty_.
Kidd was tried upon an indictment of murder also, viz. for killing Moor, the gunner, and found guilty of the same. Nicholas Churchill, and James How pleaded the king’s pardon, as having surrendered themselves within the time limited in the proclamation, and Col. Bass, governor of West-Jersey, to whom they surrendered, being in court, and called upon, proved the same. However, this plea was over-ruled by the court, because there being four commissioners named in the proclamation, viz. Capt. Thomas Warren, Israel Hayes, Peter Delannoye, and Christopher Pollard, Esqrs. who were appointed commissioners, and sent over on purpose to receive the submission of such pirates as should surrender, it was adjudged no other person was qualified to receive their surrender, and that they could not be entitled to the benefit of the said proclamation, because they had not in all circumstances complied with the conditions of it.
Darby Mullins urged in his defence, that he served under the king’s commission, and therefore could not disobey his commander without incurring great punishments; that whenever a ship or ships went out upon any expedition under the king’s commission, the men were never allowed to call their officers to an account, why they did this, or why they did that, because such a liberty would destroy all discipline: that if any thing was done which was unlawful, the officers were to answer it, for the men did no more than their duty in obeying orders. He was told by the court, that acting under the commission justified in what was lawful, but not in what was unlawful. He answered he stood in need of nothing to justify him in what was lawful, but the case of seamen must be very hard, if they must be brought into such danger for obeying the commands of their officers, and punished for not obeying them, and if they were allowed to dispute the orders, there could be no such thing as command kept up at sea.
This seemed to be the best defence the thing could bear; but his taking a share of the plunder, the seamen’s mutinying on board several times, and taking upon them to control the captain, showed there was no obedience paid to the commission; and that they acted in all things according to the custom of pirates and free-booters, which weighing with the jury, they brought him in guilty with the rest.
As to Capt. Kidd’s defence, he insisted much on his own innocence, and the villany of his men. He said, he went out in a laudable employment and had no occasion, being then in good circumstances, to go a pirating; that the men often mutinied against him, and did as they pleased; that he was threatened to be shot in the cabin, and that ninety-five left him at one time, and set fire to his boat, so that he was disabled from bringing his ship home, or the prizes he took, to have them regularly condemned, which he said were taken by virtue of a commission under the broad seal, they having French passes. The captain called one Col. Hewson to his reputation, who gave him an extraordinary character, and declared to the court, that he had served under his command, and been in two engagements with him against the French, in which he fought as well as any man he ever saw; that there were only Kidd’s ship and his own against Monsieur du Cass, who commanded a squadron of six sail, and they got the better of him. But this being several years before the facts mentioned in the indictment were committed, proved of no manner of service to the prisoner on his trial.
As to the friendship shown to Culliford, a notorious pirate, Kidd denied, and said, he intended to have taken him, but his men being a parcel of rogues and villains refused to stand by him, and several of them ran away from his ship to the said pirate.—But the evidence being full and particular against him, he was found guilty as before mentioned.
When Kidd was asked what he had to say why sentence should not pass against him, he answered, that _he had nothing to say, but that he had been sworn against by perjured and wicked people_. And when sentence was pronounced, he said, _my Lord, it is a very hard sentence. For my part, I am the most innocent person of them all, only I have been sworn against by perjured persons._
Wherefore about a week after, Capt. Kidd, Nicholas Churchill, James How, Gabriel Loff, Hugh Parrot, Abel Owen, and Darby Mullins, were executed at Execution Dock, and afterwards hung up in chains, at some distance from each other, down the river, where their bodies hung exposed for many years.
CAPTAIN TEW.
Before I enter on the adventures of this pirate I must take notice to the reader of the reasons which made me not continue the life of Misson.
In reading the notes, which I have by me, relating to Capt. Tew, I found him joined with Misson; and that I must be either guilty of repetition, or give an account of Tew in Misson’s life, which is contrary to the method I proposed, that of giving a distinct relation of every pirate who has made any figure: and surely Tew, in point of gallantry, was inferior to none, and may justly claim a particular account of his actions. However, before I enter on the life of this pirate, I shall continue that of Misson to the time that these two commanders met.
The blacks seeing them so much on their guard, brought out boiled rice and fowls, and after they had satisfied their hunger, the chief made signs that they were the same who had carried a negro to their ships, and sent for the axe and piece of baize they had given him. While this passed, the very negro came from hunting, who seemed overjoyed to see them. The chief made signs that they might return, and ten negroes coming to them, laden with fowls and kids, he gave them to understand, they should accompany them to their ships with these presents. They parted very amicably, and in hopes of settling a good correspondence with these natives. All the houses were neatly framed and jointed, not built from any foundation, but so made, that half a dozen men could lift and transport them from place to place. The hunters, returning to their ships, with these presents and negroes, were joyfully received; and the negroes were not only caressed, but laden with baize, iron kettles, and rum, besides the present of a cutlass for the chief.
While the negroes stayed, which was the space of three days, they examined and admired the forts and growing town, in which all hands were busied, and not even the prisoners excused.
As Misson apprehended no danger from the land, his fort, though of wood, being, he thought, a sufficient defence to his infant colony, he took 160 hands, and went a second time on the coast of Zanguebar, and off Quiloa he gave chase to a large ship which lay by for him. She proved an over-match for the Victoire, which engaged her, with great loss of men, near eight glasses; but finding he was more likely to be taken, than to make a prize, by the advice of his officers and men, endeavoured to leave the Portuguese, which was a 50 gun ship, and had 300 men on board; but he found this attempt vain, for the Portuguese sailed as well as the Victoire, and her commander, who was a resolute and brave man, seeing him endeavour to shake him off, clapped him on board, but lost most of the men he entered. Misson’s crew, not used to be attacked, and expecting no quarter, fought so desperately, that they not only thoroughly cleared their decks, but some of them followed the Portuguese, who leaped into their own ship; which Misson seeing, hoped to make an advantage of their despair, and crying out, _Elle est a nous, a l’abordage_—_She’s our own, board, board her_—so many of his men followed the few, that hardly were there enough left to work the ship. Misson, observing the resolution of his men, grappled the Portuguese ship, and leaped on board himself, crying out, _la mort, ou la victoire_—_death or victory_. The Portuguese, who thought themselves in a manner conquerors, seeing the enemy not only drive off those who entered them, but board with such resolution, began to quit the decks in spite of their officers. The captain and Misson met, as he was endeavouring to hinder the flight of his men. They engaged with equal bravery with their cutlasses: but Misson striking him on the neck, he fell down the main hatch, which put an end to the fight, for the Portuguese seeing their captain fall, threw down their arms, and called for quarters, which was granted; and all the prisoners without distinction being ordered between decks, and the powder rooms secured, he put 35 men on board the prize, and made the best of his way to Libertatia. This was the dearest prize he ever made, for he lost 56 men. She was vastly rich in gold, having near £200,000 sterling on board, being her own and the cargo of her companion, which was lost upon the coast, of whose crew she had saved one hundred men out of 120, the rest being lost by endeavouring to swim ashore. This was the reason that the prize was so well manned, and proved so considerable.
Being within sight of Madagascar, they spied a sloop which stood for them, and when in gun shot, threw out black colours, and fired a gun to windward. Misson brought too, fired another to leeward, and hoisted out his boat, which the sloop perceiving, lay by for. Misson’s lieutenant went on board, and was received very civilly by Capt. Tew, who was the commander, to whom the lieutenant gave a short account of their adventures and new settlement, inviting him very kindly on board Capt. Misson. Tew told him, he could not consent to go with him till he had the opinion of his men. In the mean while, Misson coming along side, hailed the sloop, and invited the captain on board, desiring his lieutenant would stay as a hostage, if they were in the least jealous of him, which they had no reason to be, since he was of force so much superior, that he need not employ stratagem. This determined the company on board the sloop, who advised their captain to go with the lieutenant, whom they would not suffer to stay behind, to show the greater confidence in their new friends.
My reader may be surprised that a single sloop should venture to give chase to two ships of such countenance as were the Victoire and her prize; but this wonder will cease, when he is acquainted with the sequel.
Capt. Tew, after being handsomely regaled on board the Victoire, and thoroughly satisfied, returned on board his sloop, gave an account of what he had learned, and his men consenting, he gave orders to steer the same course with Misson, whose settlement it was agreed to visit. I shall here leave them to give an account of Capt. Tew.
Mr. Richier, governor of Bermuda, fitted out two sloops on the privateer account, commanded by Capt. George Drew, and Capt. Thomas Tew, with instructions to make the best of their way to the river Gambia, in Africa, and there, with the advice and assistance of the agent for the royal African company, to attempt the taking the French factory of Goree on that coast.
The above commanders having their commissions and instructions from the governor, took their departure from Bermuda, and kept company some time; but Drew springing his mast, and a violent storm coming upon them, they lost each other.
Tew being separated from his consort, thought of providing for his future ease, by making one bold push; and accordingly, calling all hands on deck, he spoke to them to this purpose.
“That they were not ignorant of the design with which the governor fitted them out: the making and destroying the French factory; that he, indeed, readily agreed to take a commission to this end, though contrary to his judgment, because it was for the sake of being employed; but that he thought it a very injudicious expedition, which, did they succeed in, would be of no use to the public, and only be of advantage to a private company of men, from whom they could expect no reward for their bravery; that he could see nothing but danger in the undertaking, without the least prospect of booty; that he could not suppose any man fond of fighting for fighting’s sake; and few ventured their lives, but with some view either of particular interest or public good: but here was not the least appearance of either. Wherefore, he was of opinion, that they should turn their thoughts on what might better their circumstances; and if they were so inclined, he would undertake to shape a course which should lead them to ease and plenty, in which they might pass the rest of their days. That one bold push would do their business, and they might return home, not only without danger, but even with reputation.” The crew finding he expected their resolution, cried one, and all, “_A gold chain or a wooden leg—we’ll stand by you_.”
Hearing this, he desired they would choose a quarter-master, who might consult with him for the common good; which was accordingly done.
I must acquaint the reader, that on board the West-India privateers and free-booters, the quarter-master’s opinion is like the Mufti’s among the Turks: the captain can undertake nothing which the quarter-master does not approve. We may say the quarter-master is a humble imitation of the Roman tribune of the people; he speaks for, and looks after the interest of the crew.
Tew, now, instead of proceeding on his voyage to Gambia, shaped his course for the Cape of Good Hope, which doubling, he steered for the straits of Babelmandel, entering into the Red Sea, where they came up with a lofty ship bound from the Indies to Arabia; she was richly laden, and as she was to clear the coasts of rovers, five more, extremely rich (one especially in gold) being to follow her, she had 300 soldiers on board, besides her seamen.
Tew, on making this ship, told his men she carried their fortunes, which they would find no difficulty to take possession of; for though he was satisfied she was full of men, and was mounted with a great number of guns, they wanted the two things necessary, skill and courage: and, indeed, so it proved, for he boarded and carried her without loss, every one taking more care to run from danger, than to exert himself in the defence of his goods.
In rummaging this prize, the pirates threw over a great many rich bales, to search for gold, silver and jewels; and having taken what they thought proper, together with the powder, part of which (as being more than they could handsomely stow) they threw into the sea, they left her, sharing £3000 sterling a man.
Encouraged by this success, Capt. Tew proposed going in quest of the other five ships, of which he had intelligence from the prize; but the quarter-master opposing him. He was obliged to drop the design, and steer for Madagascar.
Here the quarter-master finding this island productive of all the necessaries of life; and the air was wholesome, soil fruitful, and the sea abounding with fish, proposed settling; but only three and twenty of the crew came into the proposal: the rest stayed with Captain Tew, who having given the new settlers their share of plunder, designed to return to America, as they afterwards did; but spying, the Victoire and her prize, he thought he might, by their means, return somewhat richer, and resolved to speak with them, as I have already said.
Tew and his company having taken the above resolution of visiting Monsieur Misson’s colony, arrived with him, and was not a little surprised to see his fortifications.
When they came under the first fort, they saluted it with nine guns, and were answered by an equal number. All the prisoners, at their coming to an anchor, were suffered to come up, a privilege they had never before granted them, on account of the few hands left them, except two or three at a time.