CHAPTER IV

THE GENESIS AND GROWTH OF THE ARCH PIRATE MYTH

Kidd’s expedition having originated in the desire of the government to

placate the East India Company, it is only reasonable to surmise that

the Company received some early official intimation of what was being

done on their behalf. To what extent they were informed officially of the

details of the government scheme is of comparatively small importance.

The great wealth at their disposal and the prodigality with which they

expended their secret service money in those days, leave no room for

doubt that at a very early stage of the proceedings they made themselves

acquainted with the essential facts. Their factories were exposed to

imminent danger from the irritation of the Great Mogul at the continuous

robbery of his subjects’ goods by English-speaking seamen on his coasts.

The Company must have taken the keenest interest in the measures designed

for the repression of this piracy. With their practical knowledge of

the difficulties to be encountered, it is unlikely that they at any

time regarded the adventurers’ project as a very promising one. When

they heard of the failure of the Admiralty to protect Kidd’s carefully

selected crew from the press gang, and realised that the bulk of the

ship’s company would have to be got from New York, it is impossible that

they can have entertained any illusions as to the probability of its

success.

Kidd’s crew was pressed at the Nore on the first of March, 1696. By one

of the curious close coincidences of date which speak for themselves

in this case more convincingly than any words can do, the Company on

the following day addressed a petition to the Admiralty, praying to be

allowed to take the business of dealing with the pirates into their

own hands. In this petition they urged that “Your Lordships will please

to empower the petitioners’ ships and officers to seize and take all

pirates infesting those seas within the limits of the Company’s charter

and likewise empower them to erect a Court of Admiralty in those parts.”

This proposal except for a very excusable technical error contained in

it, which if not corrected, would have enabled the Company, instead of

the Admiralty, to create a Court of Admiralty, was not unreasonable. It

was referred by the Admiralty to their judge, Sir Charles Hedges, who

promptly reported in the following terms on the steps necessary to carry

it into effect: “That the more regular way will be for your Lordships

to take a Commission under the Great Seal of England giving power to

the Lord Admiral or Commissioners for executing the office of High

Admiral to grant commissions to any of the Captains of the East India

Company’s ships for the taking of the ships of pirates, wherein it shall

be expressed what parts or shares the King shall see fit to reserve to

himself or bestow upon the Captors and Company.”

“That your Lordships may be pleased to erect a Vice-Admiralty at Bombay

or any other place that shall be thought expedient in the same manner as

is done in the West Indies, which being established by a commission in

the ordinary form, that will be sufficient to empower such Vice-Admiralty

there, to proceed against ships as fully as any Vice-Admiralty in England

or the High Court of Admiralty can do.”

Why no action was taken on this proposal of the Company as modified by

Sir Charles Hedges, is not clear. Possibly the Admiralty hesitated to

hand over to the captains of the Company’s ships work which they thought

more properly belonged to the King’s navy, and which when the French

war was ended was very soon performed by Captain Warren’s squadron.

Possibly they felt a delicacy in doing anything that might diminish the

great ministers’ chances of gain from Kidd’s adventure. What seems to

have happened is that the Company’s petition was officially shelved for

nearly four years, when Captain Warren having in the meanwhile been sent

out with five men-of-war to suppress the pirates, it was referred to

the committee of the House of Commons, who had then been appointed to

consider further the large question of the state and condition of the

trade of England, by whom, if considered at all, it would have to run the

gauntlet of many implacable enemies of the Company, and in particular of

certain ardent protectionists of that day who never missed an opportunity

of holding forth on the injuries to which English industries were exposed

by the importation by the Company of Indian silks, calicoes, and muslins.

Apart, however, from any question of the probable success of Kidd’s

expedition, or the desirability of giving the Company a free hand to

deal themselves with the pirates, the terms of the grant of the spoil to

the adventurers, with which the Company had evidently made themselves

familiar, were calculated to place them in a very awkward position with

the Great Mogul. What they had to protect themselves against, was a

summary expulsion from his dominions; and they must have realized that

even if Kidd succeeded in catching his pirates, it would be a very

unsatisfactory reply to the demands of that great potentate for the

immediate restitution of the stolen properties, to assure him that the

thieves had been carried to England, where it was to be hoped that some

of them might in due course be convicted, and possibly hung; but that

the stolen goods had in the meanwhile been appropriated by some of the

King’s great ministers. It was not impossible that the next demand of

the Great Mogul might be that these great gentlemen together with such

of the directors of the Company as had acquiesced in this arrangement

should at once be handed over to him to be dealt with according to their

deserts. It is not, therefore, surprising to find that on the twentieth

of August in that year, whilst Kidd was still at New York trying to

pick up his crew, the Company presented a further petition to the Lords

Justices, praying that “such of the species of gold, silver and jewels as

have already been or shall hereafter be seized in the custody of any of

the pirates or any other persons who cannot make a legal title thereunto,

may not be disposed of, but put into the possession of the Company, in

order to be preserved for the use of the proprietors in India, that the

Government may see that His Majesty as well as the Company have done

their utmost endeavours to seize the said pirates and to make restitution

to the persons injured so far as it is in their power.”

In taking this course the Company must have realized that it would be

very distasteful to the King and his four great ministers, who were

proposing themselves to appropriate the bulk of the spoil. But they

also knew that these great men had placed themselves hopelessly in the

wrong; and that there were plenty of their enemies in the House of

Commons who would be only too eager to expose the scandal, when the

time came for them to do so. This consideration seems to have had some

weight with the Lords Justices, and prevented them from shelving this

petition as unceremoniously as the Admiralty had done the former one.

Anxious to appease the Company, and at the same time to safeguard the

rights of the adventurers, they decided at a meeting at which the Duke

of Shrewsbury, one of the adventurers, was present, to send a peremptory

but guarded dispatch to the governors of all the American plantations,

requiring them “to take all possible care, and use all due means for

the seizing and apprehending all such pirates and sea robbers and such

as may be reasonably suspected for the same, either by reason of the

great quantities of gold and silver of foreign coins they usually have

with them, or by other probable circumstances; and to cause them to be

straightly imprisoned, and their ships, goods, and plunder to be kept

in safe custody; until upon returning to us a full account of the said

persons, ships, goods and plunder, with the evidence relating to them,

His Majesty’s pleasure shall be known and signified concerning them.”

Amongst the signatories to this despatch the name of the Earl of Romney,

another of the adventurers, appears.

As might have been expected, this dispatch produced little if any

practical result. During the next two years the Company continued to

receive repeated reports of the depredations of the pirates, and the

excitement created thereby amongst the natives of India, who had in

some cases seized the Company’s factories and put the factors in irons.

Meanwhile the absence of any news from Kidd had not unnaturally aroused

the suspicions of the Company. Culliford, the captain of one of their

own East Indiamen, the _Moca Frigate_, had run away with their ship

from Madras and joined the pirates; and it may have seemed to them

by no means improbable that Kidd with his American crew had done the

like. At length they received some vague intimation, confirming their

suspicions; and in August, 1698, they informed the Lords Justices “that

they had received _some_ information from their factories in the East

Indies that Kidd had committed several acts of piracy, particularly in

seizing a Moors’ ship called the _Quedagh Merchant_.” As they produced

no evidence from their informants at Kidd’s trial in support of these

allegations, although they had ample time and opportunity for obtaining

it during his two years’ imprisonment, it is not unfair to assume that

the information which they received on this occasion was not such as they

cared to submit to an English Court of Law. But such as it was, the Lords

Justices did not hesitate to act at once upon it, and to assume without

further inquiry not only that Kidd was guilty, but that he was already

a notorious pirate. On the twenty-third of November, 1698, whilst Kidd

was stranded at Madagascar, they sent the following circular to Rear

Admiral Benbow, and the governor of every American Colony: “The Lords

Justices having been informed by several advices from the East Indies

of the notorious piracies committed by Captain Kidd, and of his having

seized and plundered divers ships in those seas, as their Excellencies

have given orders to the commander of the squadron fitted out for the

East Indies that he use his utmost endeavours to pursue and seize the

said Kidd, if he continue still in those parts, so likewise they have

commanded me to signify their directions to the respective governors of

the Colonies under His Majesty’s obedience in America, that they give

strict orders and take particular care for apprehending the said Kidd

and his accomplices, whenever he or they shall arrive in any of the said

plantations, as likewise that they shall secure his ship and all the

effects therein, it being Their Excellencies’ intention that right be

done to those who have been injured and robbed by the said Kidd, and that

he and his associates be prosecuted with the utmost rigour of the law.

You are to be careful, therefore, to observe the said directions, and if

the said Kidd or any of his accomplices be seized within the provinces

under your government, you are forthwith to transmit an account thereof

hitherto, and take care that the said persons, ships and effects be

secured, till His Majesty’s pleasure is known concerning them.”

It would appear from the wording of this extraordinary and unjustifiable

circular that the great men, who had sent Kidd out, had by this time

abandoned hope of getting any gain out of their adventure, and that their

main desire now was to clear themselves of the suspicion that they were

conniving at the alleged piracies of the distinguished officer, whom

they had induced against his own misgivings to enter their service, and

who now was steadfastly doing his best for them in the face of grievous

difficulties at the other end of the world. It may well be that at this

time they believed him to be guilty. It may even be that they continued

in this belief when report after report came to hand of the piracies of

other English seamen in the East, notwithstanding the marked absence

in those reports of any mention whatever of Kidd or of the _Adventure

Galley_. Whether they continued to believe in his guilt after his own

narrative had been made a Parliamentary paper, and he had been examined

before the House of Commons on it, is a very different question. Neither

they nor the Company were represented at the trial, nor was any evidence

then tendered on their behalf. It was their interest to make Kidd their

scapegoat; and the interest of the Company that some one, guilty or

not, the higher in rank the better, should be publicly hung in infamy,

as a warning to mariners engaged in the Eastern piracy. It was nobody’s

interest in England that Kidd should be acquitted, unless as a condition

for such acquittal he could be induced to make compromising revelations

against his employers. And this, as will be seen, he resolutely refused

to do in the face of strong temptation.

To return now to his relations with Bellamont, who though appointed

Governor of New England as far back as June, 1695, had not apparently

started for America until more than two years afterwards; and had

profitably employed the interval in obtaining further favours from the

government. Not contented with the pension of five hundred pounds

per annum which had apparently been given him on his dismissal by the

late Queen, in 1693, from his post as her Receiver General, he seems

to have succeeded in May, 1696, in obtaining a further grant of one

thousand pounds a year out of the forfeited estates of Lord Kilmeare,

and in March, 1697, to have been made colonel of a regiment of foot. In

the following June it was announced that he would at last start to his

government in the _Deptford_ frigate, but he delayed his departure until

October, by which time he had succeeded in extracting from the Treasury

a further sop in the shape of “twelve thousand pounds, paid him in mault

lottery tickets.”[11]

On the first of July, 1699, Kidd, as already mentioned, landed at Boston,

relying on Bellamont’s word and honor, and assurance that he believed

that the two French passes, which had been handed to him by Emmot,

would justify the seizure of the two prizes taken, and that he made no

manner of doubt that he could obtain the King’s pardon for Kidd and for

the few men left who had continued faithful. It is easy to understand

the relief the old man must have felt in setting foot in a civilized

country once more after all his troubles, with the knowledge that he

had served his employers so well, and the expectation that he would now

receive recognition and reward for all he had gone through on their

behalf. Towards the end of his voyage his wife and family from New York

had come on board, having been informed of his whereabouts by his old

friend Emmot; and all of them were probably looking forward to a warm

reception on their landing. If so, they were soon disillusionized. The

Governor declined to see Kidd except in the most formal manner and in

the presence of witnesses. The truth was that he had placed himself in a

very awkward position with the home authorities by inducing the King’s

ministers to embark in this unlucky adventure, and that he and they

had long since come to the conclusion that the safest course to take

to exonerate themselves from the consequences was to make a scapegoat

of Kidd. Bellamont had been playing a very double game, not only with

Kidd, but also with his own council. His own admissions in his letters

written to the authorities in England before the end of that month, leave

no doubt on this point. His consignment of Kidd to gaol was a foregone

conclusion; and the only difficulty he had to get over, and it was an

insuperable one, was how to do this with some appearance of decency. At

the time when with specious promises he was persuading his victim to

come to Boston, he was well aware that it was his duty to arrest him

immediately on his landing there, in pursuance of specific instructions

from England, which he had carefully concealed from his council. The

letter to Kidd with all its assumed belief in Kidd’s innocence, and his

own solemn assurances on his word and honour that he could obtain the

King’s pardon for him and his men, was a trap laid for Kidd without

the knowledge of his council, to whom he had submitted the letter for

approval. His intention throughout had been to get hold of Kidd and

send him to England, to be dealt with there in such manner as might

be most convenient to the government. In his letters he has not only

confessed this, but has even found it necessary to excuse himself to his

superiors and give the reasons which he considered justified him in not

arresting Kidd the moment he landed. “It will not be unwelcome news to

your Lordships,” he writes, “that I secured Captain Kidd last Thursday

in the gaol of this town. I thought myself secure against his running

away, because I took care not to give him the slightest umbrage of my

design of seizing him. Nor had I, until the day I produced my orders from

the Court to arrest Kidd, communicated them to anybody. But I found it

necessary to produce my orders to my Council to animate them to join

heartily in securing Kidd. Another reason why I took him not up sooner,

was that he had brought his wife and family hither on the sloop with him

who (_sic_) I believed” (poor wretch!) “he would not readily forsake.” At

the same time whilst thus excusing himself for not arresting Kidd more

promptly, Bellamont seems to have felt that some explanation was called

for to justify his arresting him at all. “Your Lordships may observe,” he

writes, and it requires a very microscopical scrutiny of his hypocritical

letter to observe it, “that the promise made Kidd in my letter of a kind

reception, and promising the King’s pardon for him, was conditional, that

is, provided that he was as innocent as he pretended to be. But I quickly

found sufficient cause to suspect him to be very guilty by the many lies

and contradictions he told me.” What these lies and contradictions were,

he is very careful not to say. Kidd’s own narrative, corroborated by

the depositions of several of his crew, are perfectly intelligible and

straightforward documents, far more intelligible and convincing than

Bellamont’s lame reasons for thinking him guilty. The first of these was

that Kidd had communicated in the first instance with his old friend

Emmot, who Bellamont says was “a cunning Jacobite and my avowed enemy.”

The second reason assigned is, “I thought he looked very guilty.” It is

not improbable that poor Kidd was taken aback by his cold reception; but

it is safe to assume that whatever his demeanor had been, it would have

been regarded by the Governor as a sure sign of his guilt. Sometimes

during his examination he seems to have been cheerful and breezy. With

what result? The Governor reports, “Kidd did strangely trifle with me

and the Council three or four times that we had him under examination.”

Finding that his jocular efforts were not appreciated, Kidd not

unnaturally became grave. But the result was still unsatisfactory. “He

being examined two or three times by the Council and also some of his

men, I observed,” says Bellamont, “that he seemed much disturbed.” The

last time he was under examination, his appearance seems again to have

changed, but still, as ever, for the worse. Probably by this time he had

grown restless and restive. “I fancied,” Bellamont writes, “he looked

as if he were upon the wing and resolved to run away.” But after all,

the chief offence for which the poor man was at last consigned to gaol,

was not committed by him, but by his evil genius, Livingstone, who asked

Bellamont to return him the bond he had entered into for Kidd’s good

behaviour. “I thought,” says Bellamont, “this was such an impertinence

that it was time for me to look about me and secure Kidd.” On this last

point the version of the anonymous person of quality is substantially the

same as Bellamont’s. “Above all,” he writes, “Livingstone’s behaviour,

who was come to Boston, and very peremptorily demanded from the Earl

the delivery of the bond which he had entered into for Kidd’s honest

performance of his duty in the expedition (as if that was to be taken for

granted) gave the Earl of Bellamont good reason to conclude that no time

was to be lost. Therefore he caused Kidd to be seized with divers of his

crew.” A lamer set of reasons for throwing a faithful subordinate into

gaol it would have been difficult for the most unintelligent official to

concoct.

The reply of the Lords Justices to Bellamont’s letters was the

dispatch of a man-of-war, the _Rochester_, to bring back Kidd and his

fellow-prisoners to England. This ship set sail before the end of

September; but came back to Plymouth in November for repairs. Her return

led the opposition to believe that the sending of her out had been merely

a pretence, and it was alleged that a great number of other ships that

had gone out in her company had been able to proceed on their voyage and

to reach New England safely. The wildest rumours were in circulation.

The prevailing popular opinion seems to have been that the four great

ministers had sent Kidd out in the _Adventure Galley_ to commit acts of

piracy on their behalf; and that they had naturally selected for this

purpose a past-master in the art of piracy. Some would have it that

Somers, to prevent unpleasant disclosures, had already set the great

seal to his pardon. Evelyn, in his diary of the third of December, says:

“They” (_i. e._, Parliament) “called some great persons in the highest

offices in question for setting the Greate Seale to the pardon of an

arch pirate, who had turned pirate again, and brought prizes to the

West Indies, expecting to be connived at on sharing the spoil.” Burnet,

writing in much the same strain, says, “It was maliciously insinuated

that the privateer turned pirate in confidence of the protection of those

who employed him, if he had not secret orders for what he did.” It is

difficult to say whose reputation suffered more at this juncture--Kidd’s

by his association with the four unpopular ministers, or the four

unpopular ministers, by their association with Kidd.

On the completion of her repairs, the _Rochester_ set sail again from

Plymouth for New York. She carried a letter from the Lords Justices

to Bellamont, approving his zeal and conduct in the whole affair, and

requiring him to put the pirates and their goods on board of her. The

delay in bringing Kidd to England, whether designed or not, was most

unfortunate for him and most opportune for the ministers. The opposition

seem to have had some inkling that Kidd’s return was being purposely

delayed with the object of enabling the government to deal with him

without consulting Parliament. To allay these suspicions, a certificate

was produced signed by all the officers of the _Rochester_, from which,

according to Bellamont’s apologist, it appeared that they had proceeded

on their course to America “as far as their ship was able to bear the

beating of the sea and then resolved to return to England.” “When they

were returned to England,” he says, “by a like certificate they affirmed

the same thing, and that the result was taken merely for securing the

ship and the company’s lives.” “The captain,” he adds, “by his letter to

the Secretary of the Admiralty says they were got 500 leagues before they

met the storms. And orders being sent by the Admiralty to Mr St Lo, the

Commissioner of the Admiralty at Plymouth, to examine into the truth of

the matter, he certified the Lords of the Admiralty that in pursuance of

their commands he, with the assistance of the officers of the Yard, had

made a thorough survey of the ship and (mentioning the several particular

defects) they unanimously found there was a necessity for her coming

back.”

These official assurances by no means satisfied the Commons. On the

sixteenth of the following March they presented an address to the King,

praying that Kidd might not be tried, discharged, or pardoned until the

next session of Parliament, and that Bellamont might be required in the

meantime to transmit over to England all commissions, instructions, and

other papers taken with or relating to him.

The King’s reply to this address was communicated to the House on the

eighth of April, 1700, by Mr. Secretary Vernon, who informed the Commons

that he had presented the address to His Majesty, and that His Majesty

had commanded him to acquaint the House that His Majesty having received

an account of the arrival of Captain Kidd in the Isle of Lundy, by a ship

which the Lords of the Admiralty had sent to fetch him, which was bound

for the Downs, His Majesty had ordered a yacht to be sent to the Downs

in order for the bringing of him up, and that the commissioners of the

Admiralty were likewise directed to send their marshal to take him into

custody.

This reply, so far from appeasing the opposition, seems to have added

fuel to the flame of their indignation. Why could not the King assent at

once to their address? Why had the _Rochester_ gone out of her course

to the Isle of Lundy, unless it were to defer the bringing home of

Kidd until Parliament had risen? Accordingly, a few days afterwards, a

further resolution was moved that “An humble address be presented to His

Majesty to remove John, Lord Somers, Lord Chancellor of England, from his

presence and counsels for ever.” The motion was defeated by a majority of

one hundred and sixty-seven to one hundred and six. But the fact that one

hundred and six members voted for it, shows the bitterness of the party

feeling against Somers, and the widespread suspicions of his honesty that

prevailed amongst his political opponents. It need hardly be said that

these suspicions were not allayed by the well-timed arrival of Kidd and

his fellow-prisoners in London on board the King’s yacht, on the very

day after Parliament had risen. The result of this second curious close

coincidence of date which has occurred in the course of this narrative,

was that Kidd had arrived too late to be examined by the members of the

House. He was therefore privately examined by the Admiralty officials,

sent to Newgate, and ordered to be kept a close prisoner.

The desire of the House of Commons that Kidd should not be tried,

discharged, or pardoned until the next session of Parliament was

most unfortunate for him, because it necessitated his being kept in

confinement with his fellow-prisoners at Newgate for more than a year.

But it cannot be regarded as unreasonable, seeing that the necessary

documents relating to him had not yet been laid before the House; that

time was required for the collection of evidence against him from

abroad; and that such of the facts relating to him and his employers as

had already been disclosed, afforded some ground for suspecting that

the four inculpated ministers were far from blameless. It is the one

satisfactory feature in this very unpleasant case, that no discredit

attaches to the action of the House of Commons in respect of its

treatment of Kidd, either in this session or the next.

On the sixth of March in the following year (1701), the House, having

reassembled, ordered that the examinations of Kidd and all papers

relating to him, transmitted by the Earl of Bellamont (who, it may be

mentioned, was now dead), be laid before them by the Admiralty. On

the next day, they were presented; and it was ordered that such of

them as came from the Admiralty sealed up, be opened, and the private

examinations of Captain Kidd before the Admiralty were accordingly opened

and read. It appeared from them that Kidd had denied that he had ever

seen Shrewsbury or Somers; or had heard more of them than that they were

two of his owners; that he admitted that Bellamont had introduced him to

the Earl of Orford, and that Colonel Hewetson had carried him to the Earl

of Romney, which was all he knew of them.

The papers delivered up by the Admiralty related not only to Kidd,

but also to atrocities which had been committed in the East Indies by

pirates, who had nothing to do with him, and which had apparently been

mixed up with his narrative, with the object of obscuring the case and

creating a prejudice against him. The Commons appointed a committee to

sort them, and to report to the House which of them related to Kidd.

On the twenty-seventh of March this committee reported that they had

done this; and their chairman, Sir Humphrey Mackworth, delivered them

in at the clerk’s table, divided into two parcels, one containing the

papers relating to Kidd, and the other the papers that did not relate

to him. Then Kidd’s private examinations before the Admiralty were again

read; and Kidd, being brought in by the keeper of Newgate, was called

in. A petition from Cogi Babba, which had been presented to the House,

was also read. This petition is noteworthy as being the only complaint

to the House made by those who were alleged at his trial to have been

plundered by him. It purported to be presented by Cogi Babba, on behalf

of himself and other Armenians, inhabitants of Chalfa, the suburb of

Spahow, and subjects to the King of Persia. It merely set forth that the

petitioners had freighted a ship called the _Karry Merchant_ (better

known as the _Quedagh Merchant_--and referred to in the French pass as

_Cara Marchand_), from Surat to Bengal, where the petitioners loaded her

at prime cost to the value of four hundred thousand rupees, besides forty

thousand rupees, the cost of the ship, which was all taken and carried

away by Captain Kidd, on the ship’s returning to Surat about February,

1697; and it merely prayed that Kidd might be examined touching the

premises, and the petitioners relieved concerning the same.

After the reading of these papers Kidd was examined and withdrew, and was

remanded to Newgate; and it was decided that the House would the next day

take into consideration the patent, commission and instructions to Kidd,

which they did with the result that a motion was made that the grant

passed under the Great Seal by Somers to Bellamont and others of the

goods to be taken from the pirates before their conviction was illegal

and void. The question being put, one hundred and eighty-five members

voted in favour of the motion and one hundred and ninety-eight against it.

The House then decided that Kidd should be put on his trial in the

ordinary course; and on the sixteenth of April, about three weeks before

it took place, being informed that he had sent to the Admiralty that he

might have the use of his commission and some other papers at his trial,

ordered that “the said Commission and _such other papers as Captain Kidd

desires_ be delivered by the Clerk of this House to the Secretary of

the Admiralty.” Had this order been complied with, and the papers been

accessible to Kidd or his legal advisers, he would have had a complete

answer to the charge of piracy brought against him. For they included

the precious French passes, which had justified his seizure of his two

prizes.

CHAPTER FIVE

The Real Captain Kidd: A Vindication · 第 4 / 7 章