Part 7
At _Mauritius_ two of the Crew, _viz._ _Israel Phipeny_ and _Peter Freeland_, left the Pyrates and concealed themselves in the Island till the Ship sailed. These two Men were part of _Drummond_'s Crew, who found an Opportunity of coming to _England_ soon after on board the _Raper_ Galley, and arrived at _Portsmouth_ in _March_ 1725. When this came to be known, Mr. _John Green_, Brother to Capt. _Green_, then under Sentence, went thither and got the Affidavits of the said _Phipeny_ and _Freeland_, made before the Mayor of _Portsmouth_, containing several Matters herein mentioned, which Affidavits were immediately brought to _London_, and by the Secretary of State sent away Express to _Scotland_, which arrived there some Hours before Capt. _Green_ was executed.
OF Capt. _WILLIAM KID_.
We are now going to give an Account of one whose Name is better known in _England_, than most of those whose Histories we have already related; the Person we mean is Captain _Kid_, whose publick Trial and Execution here, rendered him the Subject of all Conversation, so that his Actions have been chanted about in Ballads; however, it is now a considerable Time since these Things passed, and though the People knew in general that Captain _Kid_ was hanged, and that his Crime was Pyracy, yet there were scarce any, even at that Time, who were acquainted with his Life or Actions, or could account for his turning Pyrate.
In the Beginning of King _William_'s War, Captain _Kid_ commanded a Privateer in the _West-Indies_, and by several adventurous Actions acquired the Reputation of a brave Man, as well as an experienced Seaman. About this Time the Pyrates were very troublesome in those Parts, wherefore Captain _Kid_ was recommended by the Lord _Bellamont_, then Governor of _Barbadoes_, as well as by several other Persons, to the Government here, as a Person very fit to be entrusted with the Command of a Government Ship, and to be employed in cruising upon the Pyrates, as knowing those Seas perfectly well, and being acquainted with all their lurking Places; but what Reasons governed the Politicks of those Times, I cannot tell, but this Proposal met with no Encouragement here, though it is certain it would have been of great Consequence to the Subject, our Merchants suffering incredible Damages by those Robbers.
Upon this Neglect the Lord _Bellamont_ and some others, who knew what great Captures had been made by the Pyrates, and what a prodigious Wealth must be in their Possession, were tempted to fit out a Ship at their own private Charge, and to give the Command of it to Captain _Kid_; and, to give the Thing a greater Reputation, as well as to keep their Seamen under the better Command, they procured the King's Commission for the said Captain _Kid_, of which the following is an exact Copy.
_William Rex_,
_'William_ the Third, by the Grace of God, King of _England_, _Scotland_, _France_ and _Ireland_, Defender of the Faith, _&c._ To our trusty and well beloved Captain _William Kid_, Commander of the Ship the _Adventure_ Gally, or to any other the Commander of the same for the Time being, GREETING; Whereas we are informed, that Captain _Thomas Too_, _John Ireland_, Captain _Thomas Wake_, and Captain _William Maze_, or _Mace_, and other Subjects, Natives or Inhabitants of _New-York_, and elsewhere, in our Plantations in _America_, have associated themselves, with divers others, wicked and ill disposed Persons, and do, against the Law of Nations, commit many and great Pyracies, Robberies and Depredations on the Seas upon the Parts of _America_, and in other Parts, to the great Hinderance and Discouragement of Trade and Navigation, and to the great Danger and Hurt of our loving Subjects, our Allies, and all others, navigating the Seas upon their lawful Occasions. Now KNOW YE, that we being desirous to prevent the aforesaid Mischiefs, and, as much as in us lies, to bring the said Pyrates, Free Booters and Sea Rovers to Justice, have thought fit, and do hereby give and grant to the said _William Kid_ (to whom our Commissioners for exercising the Office of Lord High Admiral of _England_, have granted a Commission as a private Man of War, bearing Date the 11th Day of _December_ 1695), and unto the Commander of the said Ship for the Time being, and unto the Officers, Mariners, and others, which shall be under your Command, full Power and Authority to apprehend, sieze, and take into your Custody as well the said Captain _Thomas Too_, _John Ireland_, Captain _Thomas Wake_, and Captain _William Maze_, or _Mace_, as all such Pyrates, Free Booters and Sea Rovers, being either our Subjects, or of other Nations associated with them, which you shall meet with upon the Seas, or Coasts of _America_, or upon any other Seas or Coasts, with all their Ships and Vessels; and all such Merchandizes, Money, Goods and Wares as shall be found on Board, or with them, in Case they shall willingly yield themselves; but if they will not yield without fighting, then you are by Force to compel them to yield. And we do also require you to bring, or cause to be brought, such Pyrates, Free Booters, or Sea Rovers, as you shall seize, to a legal Tryal, to the End they may be proceeded against according to the Law in such Cases. And we do hereby command all our Officers, Ministers, and other our loving Subjects whatsover, to be aiding and assisting to you in the Premisses. And we do hereby enjoin you to keep an exact Journal of your Proceedings in the Execution of the Premisses, and set down the Names of such Pyrates, and of their Officers and Company, and the Names of such Ships and Vessels as you shall by Vertue of these Presents take and seize, and the Quantities of Arms, Ammunition, Provision and Lading of such Ships, and the true Value of the same, as near as you judge. And we do hereby strictly charge and command you as you will answer the contrary at your Peril, that you do not, in any Manner, offend or molest our Friends or Allies, their Ships, or Subjects, by Colour or Pretence of these Presents, or the Authority thereby granted. In Witness whereof we have caused our Great Seal of _England_ to be affix'd to these Presents. Given at our Court of _Kensington_, the 26th Day of _January_ 1695, in the seventh Year of our Reign.'
Captain _Kid_ had also another Commission, which was called a Commission of Reprisals; for it being then War Time, this Commission was to justify him in the taking of _French_ Merchant Ships, in Case he should meet with any; but as this Commission is nothing to our present Purpose, we shall not burthen the Readers with it.
With these two Commissions he sail'd out of _Plymouth_ in _May_ 1696, in the _Adventure_ Gally of thirty Guns, and eighty Men; the Place he first design'd for was _New-York_; in his Voyage thither he took a _French_ Banker, but this was no Act of Pyracy, he having a Commission for that Purpose, as we have just observ'd.
When he arrived at _New York_ he put up Articles for engaging more Hands, it being necessary to his Ships Crew, since he proposed to deal with a desperate Enemy: The Terms he offered were, that every Man should have a Share of what was taken, reserving for himself and Owners forty Shares. Upon which Encouragement he soon increas'd his Company to a hundred and fifty five Men.
With this Company he sail'd first for _Maderas_, where he took in Wine and some other Necessaries; from thence he proceeded to _Bonavist_, one of the _Cape de Verd Islands_, to furnish the Ship with Salt, and from thence went immediately to St. _Jago_, another of the _Cape de Verd Islands_, in order to stock himself with Provisions. When all this was done, he bent his Course to _Madagascar_, the known Rendezvouz of Pyrates; in his Way he fell in with Captain _Warren_, Commadore of three Men of War; he acquainted them with his Design, kept them Company two or three Days, and then leaving them, made the best Way for _Madagascar_, where he arrived in _February_ 1696, just nine Months from his Departure from _Plymouth_.
It happen'd that at this Time the Pyrate Ships were most of them out in search of Prey; so that according to the best Intelligence Captain _Kid_ could get, there was not one of them at that Time about the Island, wherefore having spent some Time in watering his Ship, and taking in more Provisions, he thought of trying his Fortune on the Coast of _Malabar_, where he arrived in the Month of _June_ following, four Months from his reaching _Madagascar_. Hereabouts he made an unsuccessful Cruize, touching sometimes at the Island of _Mahala_, sometimes at that of _Joanna_, betwixt _Malabar_ and _Madagascar_: His Provisions were every Day wasting, and his Ship began to want Repair; wherefore, when he was at _Joanna_, he found Means of borrowing a Sum of Money from some _French_ Men who had lost their Ship, but saved their Effects, and with this he purchas'd Materials for putting his Ship in good Repair.
It does not appear all this while that he had the least Design of turning Pyrate; for near _Mahala_ and _Joanna_ both, he met with several _Indian_ Ships richly laden, to which he did not offer the least Violence, tho' he was strong enough to have done what he pleas'd with them; and the first Outrage or Depredation I find he committed upon Mankind, was after his repairing his Ship, and leaving _Joanna_; he touch'd at a Place call'd _Mabbee_, upon the _Red Sea_, where he took some _Guinnea_ Corn from the Natives, by Force.
After this he sail'd to _Bab_'s _Key_, a Place upon a little Island at the Entrance of the _Red Sea_; here it was that he first began to open himself to his Ship's Company, and let them understand that he intended to change his Measures; for, happening to talk of the _Moca_ Fleet which was to sail that Way, he said, _We have been unsuccessful hitherto, but Courage, my Boys, we'll make our Fortunes out of this Fleet_: And finding that none of them appear'd averse to it, he order'd a Boat out, well mann'd, to go upon the Coast to make Discoveries, commanding them to take a Prisoner and bring to him, or get Intelligence any Way they could. The Boat return'd in a few Days, bringing him Word, that they saw fourteen or fifteen Ships ready to sail, some with _English_, some with _Dutch_, and some with _Moorish_ Colours.
We cannot account for this sudden Change in his Conduct, otherwise than by supposing that he first meant well, while he had Hopes of making his Fortune by taking of Pyrates; but now, weary of ill Success, and fearing least his Owners, out of Humour at their great Expences, should dismiss him, and he should want Employment, and be mark'd out for an unlucky Man; rather, I say, than run the Hazard of Poverty, he resolved to do his Business one Way, since he could not do it another.
He therefore order'd a Man continually to watch at the Mast Head, least this Fleet should go by them; and about four Days after, towards Evening, it appear'd in Sight, being convoy'd by one _English_ and one _Dutch_ Man of War. _Kid_ soon fell in with them, and getting into the midst of them, fir'd at a _Moorish_ Ship which was next him; but the Men of War taking the Alarm, bore down upon _Kid_, and firing upon him, obliged him to sheer off, he not being strong enough to contend with them. Now he had begun Hostilities, he resolv'd to go on, and therefore he went and cruis'd along the Coast of _Malabar_; the first Prize he met was a small Vessel belonging to _Aden_, the Vessel was _Moorish_, and the Owners were _Moorish_ Merchants, but the Master was an _English_ Man, his Name was _Parker_. _Kid_ forc'd him and a _Portugueze_ that was call'd _Don Antonio_, which were all the _Europeans_ on Board, to take on with them; the first he design'd as a Pilot, and the last as an Interpreter. He also used the Men very cruelly, causing them to be hoisted up by the Arms, and drubb'd with a naked Cutlash, to force them to discover whether they had Money on Board, and where it lay; but as they had neither Gold nor Silver on Board, he got nothing by his Cruelty; however, he took from them a Bale of Pepper, and a Bale of Coffee, and so let them go.
A little Time after he touch'd at _Carawar_, a Place upon the same Coast, where, before he arrived, the News of what he had done to the _Moorish_ Ship had reach'd them; for some of the _English_ Merchants there had received an Account of it from the Owners, who corresponded with them; wherefore, as soon as _Kid_ came in, he was suspected to be the Person who committed this Pyracy; and one Mr. _Harvey_ and Mr. _Mason_, two of the _English_ Factory, came on Board and ask'd for _Parker_, and _Antonio_ the _Portuguese_; but _Kid_ deny'd that he knew any such Persons, having secur'd them both in a private Place in the Hold, where they were kept for seven or eight Days, that is, till _Kid_ sail'd from thence.
However, the Coast was alarm'd, and a _Portuguese_ Man of War was sent out to cruize: _Kid_ met with her, and fought her about six Hours, gallantly enough; but finding her too strong to be taken, he quitted her; for he was able to run away from her when he would: Then he went to a Place call'd _Porco_, where he water'd the Ship, and bought a Number of Hogs of the Natives to victual his Company.
Soon after this, he came up with a _Moorish_ Ship, the Master whereof was a _Dutch_ Man, call'd _Schipper Mitchel_, and chased her under _French_ Colours, which they observing, hoisted _French_ Colours too: When he came up with her, he hail'd her in _French_, and they having a _French_ Man on Board, answer'd him in the same Language; upon which he order'd them to send their Boat on Board; they were oblig'd to do so, and having examin'd who they were, and from whence they came; he ask'd the _French_ Man, who was a Passenger, if he had a _French_ Pass for himself? The _French_ Man gave him to understand that he had. Then he told the _French_ Man he must pass for Captain, and by G-d, says he, you are the Captain: The _French_ Man durst not refuse doing as he would have him: The Meaning of this was, that he would seize the Ship as fair Prize, and as if she had belong'd to _French_ Subjects, according to a Commission he had for that Purpose; tho', one would think, after what he had already done, that he need not have Recourse to a Quibble to give his Actions a Colour.
In short, he took the Cargoe and sold it some Time after; yet still he seem'd to have some Fears upon him least these Proceedings should have a bad End; for, coming up with a _Dutch_ Ship some Time, when his Men thought of nothing but attacking her, _Kid_ oppos'd it; upon which a Mutiny arose, and the Majority being for taking the said Ship, and arming themselves to Man the Boat to go and seize her, he told them, such as did, never should come on Board him again; which put an End to the Design, so that he kept Company with the said Ship some Time, without offering her any Violence: However, this Dispute was the Occasion of an Accident, upon which an Indictment was afterwards grounded against _Kid_; for _Moor_, the Gunner, being one Day upon Deck, and talking with _Kid_ about the said _Dutch_ Ship, some Words arose betwixt them, and _Moor_ told _Kid_, that he had ruin'd them all; upon which, _Kid_, calling him Dog, took up a Bucket and struck him with it, which breaking his Skull, he died the next Day.
But _Kid_'s penitential Fit did not last long, for coasting along _Malabar_, he met with a great Number of Boats, all which he plunder'd. Upon the same Coast he also light upon a _Portuguese_ Ship, which he kept Possession of a Week, and then having taken out of her some Chests of _India_ Goods, thirty Jars of Butter, with some Wax, Iron, and a hundred Bags of Rice, he let her go.
Much about the same Time he went to one of the _Malabar_ Islands for Wood and Water, and his Cooper being ashore, was murder'd by the Natives; upon which _Kid_ himself landed, and burnt and pillaged several of their Houses, the People running away; but having taken one, he caused him to be tied to a Tree, and commanded one of his Men to shoot him; then putting to Sea again he took the greatest Prize, which fell into his Hands, while he followed this Trade; this was a _Moorish_ Ship of 400 Tons richly laden, named the _Queda_ Merchant, the Master whereof was an _English_ Man, he was call'd _Wright_, for the _Indians_ often make Use of _English_ or _Dutch_ Men to command their Ships, their own Mariners not being so good Artists in Navigation.--_Kid_ chased her under _French_ Colours, and having come up with her, he ordered her to hoist out her Boat, and to send on Board of him, which being done, he told _Wright_ he was his Prisoner; and informing himself concerning the said Ship, he understood there were no _Europeans_ on Board, except two _Dutch_, and one _Frenchman_, all the Rest being _Indians_ or _Armenians_, and that the _Armenians_ were Part Owners of the Cargoe. _Kid_ gave the _Armenians_ to understand, that if they would offer any Thing that was worth his taking for their Ransome, he would hearken to it: Upon which, they proposed to pay him twenty thousand Rupees, not quite three thousand Pounds Sterling; but _Kid_ judged this would be making a bad Bargain, wherefore he rejected it, and setting the Crew on Shore, at different Places on the Coast, he soon sold as much of the Cargoe as came to near ten thousand Pounds. With Part of it he also trafficked, receiving in Exchange Provisions, or such other Goods as he wanted; by Degrees he disposed of the whole Cargoe, and when the Division was made, it came to about two hundred Pounds a Man, and having reserved forty Shares to himself, his Dividend amounted to about eight thousand Pounds Sterling.
The _Indians_ along the Coast came on Board and traffick'd with all Freedom, and he punctually performed his Bargains, till about the Time he was ready to sail; and then thinking he should have no further Occasion for them, he made no Scruple of taking their Goods, and setting them on Shore without any Payment in Money or Goods, which they little expected; for as they had been used to deal with Pyrates, they always found them Men of Honour in the Way of Trade: A People, Enemies to Deceit, and that scorn'd to rob but in their own Way.
_Kid_ put some of his Men on Board the _Queda_ Merchant, and with this Ship and his own sail'd for _Madagascar_; as soon as he was arrived and had cast Anchor, there came on Board of him a Canoe, in which were several _Englishmen_, who had formerly been well acquainted with _Kid_; 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; _Kid_ 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 Bomboo, drank their Captain's Health.
These Men belong'd to a Pyrate Ship, call'd the _Resolution_, formerly the _Mocco_ Merchant, whereof one Captain _Culliford_ was Commander, and which lay at an Anchor not far from them; _Kid_ went on Board with them, promising them his Friendship and Assistance, and _Culliford_ in his Turn came on Board of _Kid_; and _Kid_ 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 the Sea again.
The _Adventure_ Galley was now so old and leaky, that they were forced to keep two Pumps continually going, wherefore _Kid_ 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 Captain _Culliford_, and others absconding in the Country, so that he had not above forty 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 reach'd _England_, and that he was there declared a Pyrate.
The Truth on't is, his Pyracies so alarmed our Merchants, that some Motions were made in Parliament, to enquire into the Commission that was given him, and the Persons who fitted him out: These Proceedings seem'd to lean a little hard upon the Lord _Bellamont_, who thought himself so much touch'd thereby, that he published a Justification of himself in a Pamphlet after _Kid_'s Execution. In the mean Time, it was thought adviseable, in order to stop the Course of these Pyracies, to publish a Proclamation, offering the King's free Pardon to all such Pyrates as should voluntarily surrender themselves, whatever Pyracies they had been guilty of at any Time, before the last Day of _April_, 1699.--That is to say, for all Pyracies committed Eastward of the _Cape_ of _Good Hope_, to the Longitude and Meridian of _Socatora_, and _Cape Camorin_. In which Proclamation, _Avery_ and _Kid_ were excepted by Name.
When _Kid_ 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, 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 sail'd 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 Pyrates, they surrendered themselves to the Governor of those Places: At first they were admitted to Bail, but soon after were 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 Baily_, in _May_ 1701, Captain _Kid_, _Nicholas Churchill_, _James How_, _Robert Lumley_, _William Jenkins_, _Gabriel Loff_, _Hugh Parrot_, _Richard Barlicorn_, _Abel Owens_, and _Darby Mullins_, were arraign'd for Pyracy and Robbery on the High Seas, and all found guilty, except three; these were _Robert Lumley_, _William Jenkins_, and _Richard Barlicorne_, 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, tho' they were proved to be concern'd 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 Pyracy. A Pyrate 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 Pyrate, 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.