[Footnote 1: Public Record Office, C.O. 323:2, no. 124 I. William

Kidd, the most famous pirate in American history, was a Scot, born in

Dundee in 1654. In 1689-1690, in command of a captured ship, he took a

creditable part in the attacks on Mariegalante and St. Martin's by

Captain Hewetson, who at Kidd's trial testified to his bravery; but a

few weeks later his men, ex-pirates apparently, ran away with his

ship. _Cal. St. P. Col._, 1689-1692, pp. 122, 226, 227; Hargrave,

_State Trials_, V. 326. In 1689 he settled in New York, where he seems

to have been well regarded; in the record of his marriage license, May

16, 1691 (_N.E. Hist. Gen. Reg._, VI. 63) he is styled "William Kidd,

Gentleman," and two days earlier the New York assembly (_Journal_, ed.

1764, I. 6, 13) voted him a gratuity of L150 for services in

connection with the arrival of Governor Sloughter. In 1695, Kidd being

then in England, Robert Livingston of New York arranged in London with

Lord Bellomont, who had been designated but not yet commissioned as a

governor in America, and with others, for a privateering voyage under

Kidd's command. Other sharetakers were Sir Edward Russell, first lord

of the admiralty, Sir John Somers, lord keeper of the great seal, the

Duke of Shrewsbury, secretary of state, and the Earl of Romney,

master-general of the ordnance; and the king himself was to receive

one-tenth of the profits of the cruise. Kidd's letter of marque, dated

Dec. 11, 1695, is in Hargrave's _State Trials_, V. 307. To it was

added, Jan. 26, 1696, _ibid._, 308, a commission to apprehend pirates.

Kidd sailed from England in April, 1696, in the _Adventure Galley_,

287 tons, 34 guns, 70 men. At New York he increased his crew to 155

men (there is a list of them in _Cal. St. Pap. Col._, 1700, p. 199),

and sailed thence in September for Madagascar and the East Indies.

Whether it was by his fault that the _Adventure Galley_ slipped from

privateering and the search for pirates into acts of piracy, or

whether, as Kidd alleged, his men forced his hand, has been doubted,

but it is probable that he shared the guilt. In the summer of 1698

complaints began to come in from India and from the East India

Company, and in November, 1698, orders were sent to the governors of

colonies in America to apprehend Kidd as a pirate whenever he should

appear. The ensuing papers, especially his own narrative and

Bellomont's letters, tell the story of his arrival and arrest. As

under Massachusetts law he could not be condemned to death for piracy,

he was, probably illegally, carried to England in the spring of 1700,

and there tried at the Old Bailey for the murder of one of his men and

for piracy. After an unfair trial and on insufficient evidence, he was

condemned, and was hanged at Execution Dock May 23, 1701.

As to Benjamin Franks, we learn from a deposition of William Cuthbert

(_Journal of the House of Commons_, XIII. 26) that two of Kidd's men

deserted him at Carwar because of his attempts and designs toward

piracy and his cruel conduct toward his men; Franks, Hebrew jeweller

of New York, was apparently one of the two. Apparently he was a Danish

subject; Westergaard, _Danish West Indies_, p. 110.]

The Deposition of Benjamin Franks aged about 47 years (who came out in

the _Adventure Gally_, a Privateer, Captain William Kid Comander)

Inhabitant of New York.

Declareth That having lived in Barbadoes and Jamaica and traded in

severall parts of the West Indies, meeting of late with great losses

of above L12,000 sterling by the Earthquake and Enemyes and through

misfortune, came to New York and there finding Captain Kid comeing out

with a full Power to the East Indies to take the Pyrates, which he

shewed me by the means of my Friends, so resolved to go with him to

the East Indies and to remain there at Surrat or any other place where

I could best follow my profession, being a Jeweller, for he told me he

would put into some of the said Parts. Wee sailed from New York the

6th September 1696 in Company with a Brigantine belonging to Bermudas,

bound to the Maderaes. there met with a Brigantine from Barbadoes

bound for England who had lost her Mast and Boltsprit, whom Captain

Kid assisted with a Mast, Riggin and Canvas, for which kindness [the]

Master gave him a few flour Barrells with Sugar. the same Brigantine

after she had what she wanted proceeded on her Voyage. And a day or

two after wee espyed a Ship whom Wee gave chase to three days and came

up with her, found her to be a Portuguez from Brazile bound to the

Maderaes. the Captain of the Portuguez pre[sen]ted Captain Kid with a

Roll of Brazile Tobacco and some Sugar, in lieu of which Captain Kid

sent him a Cheshire Cheese and a Barrell of White Bisket, but through

mistake of the Steward the Barrell thought to be Bisket proved to be

Cutt and Dry Tobacca. So Wee proceeded to Maderaes and saw the

Brigantine in safe that came under our Convoy. wee stayed there one

day. before wee departed from thence the Portuguez ship came in.

Thence wee went to Bona Vista,[2] took in some Salt, thence to St.

Jago, tooke in Water and some Provisions; from St. Jago wee steered

our course for Cape Bona Esperanza,[3] but before wee got to the

Latitude thereof Wee met with three English Men of War and a Fireship,

Captain Warren in the _Windso[r]_ Comodore,[4] Captain Acton in the

_Advice_,[5] the _Tyger_ and Fire Ship I do not know the Commanders

names. I was on board the Commodore when he told me that Kids

Commission was firm and good and that he would not molest or hinder

his proceedings for his puting his hands to his Ears, and discoursing

of severall other things of the Voyage amongst the rest the Commodore

told Kid he had lost a great many of his men and asked him to spare

him some, who answered that he would let him have 20 or 30, and about

a day or two after Kid went on board one of the Men of War again and

in the Evening came on board his own ship very much disguised with

drink and left the Men of War without sparing them the men he

promised. Some time after had sight of the Cape, did not put in but

went directly for Madagascar and imported at a place called

Talleer,[6] where took in some Water and provisions. after our being

there some time came a Sail in sight and came to an Anchor in

Augustine Bay, upon which wee weighed Anchor and came to her, the two

Ports being but a little way distant each from other. We found her to

be a Sloop from Barbadoes come to buy Negroes, after which Wee

returned to Talleer, our former Port, and the next day the Master of

the Sloop came on board Us being very ill when he came. a few dayes

after ordered the Sloop to come down to Talleer, and the same day she

came down the Owner and Merchant[7] dyed on board of us, and he that

succeeded him could by no Means agree with the Master of the Sloop but

continually a quarrelling and fighting. Our Captain did what he could

to make up the difference between them but to no purpose. So when wee

had done getting our provisions etc. on board Wee sailed for

Johanna,[8] and the Sloop followed us, and seeing two Ships gave them

Chase, found them to be both East India Men and so went in together in

Company to Johanna and two India Men came in after. Wee took in Some

Water and went to Mohilla[9] to clean our Ship. And this Sloop still

followed Us, but our Captain told him severall times to be gone and

agree amongst themselves, but they took no notice thereof, continuing

with Us all the time of our Stay here, being about 5 weeks, where

buryed severall of our Company but the just number I know not. when

Wee had been there about 5 weeks a Pinnace came on board of Us with

some Men, the quantity I know not, for being mortall sick, the

Merchant of the Sloop dyed there too. Wee returned from this place to

Johanna and the Sloop in our Company. Wee took in some more water and

some French Men, the quantity I know not for I was carryed a shoar

sick and lay a shoar all the time wee lay at Johanna. We sailed

thence, leaving the Sloop behind Us, directly for India and touched at

a place called Motta.[10] there was 5 Junks ashoar and at an Anchor

ditto place. our Captain wanted to take in some water, sending the

Pinnace ashoar for some, which the Natives refused, upon which our

Captain next morning sent both Boats with a matter of 40 Men or

thereabouts with Armes, as I heard lying very Sick of a Feaver, Ague

and Flux, and that he had bought two Cowes and some dates, and 2 dayes

after the People run away into the Mountains, as I heard. after they

run away the People sent a shoar, found India Corn and Garravances[11]

in great holes, and brought off likewise six of the Natives, of whom

four leaped overboard in the Night and swam ashoar. the other two gave

{3} Cowes and 2 sheep for their ransom, as I heard of the Seamen,

lying very ill. from thence wee went to the Babs[12] and there

anchored to wait for the Pyrates, as the Seamen said, but meeting with

none, sending the Pinnace out 3 or 4 times, as I heard of the Seamen,

but at Carwar ashoar I heard of the Seamen that they was to go to

Mocho.[13] after the Pinnace went with the Captain, Quarter-Master

came back and gave an account there was 17 Sail, which I heard of the

Seamen as I lay very ill. our Captain ordered two men ashoar on one of

the Babs. when the Fleet came in sight the Men waved the Jack.[14] the

whole Fleet came by the Babs on a Saturday in the evening in the month

of August, but the day of the month I do not remember. our Captain

weighed and stood amongst the Fleet, as I heard of the Seamen. the

next morning at break of day one of the Fleet began to fire at Us, as

I heard of the Seamen, which alarming the rest they all did the same.

there was one Ship which the Captain said was a Mallabar, pretty near

Us, as I heard of the Seamen. then our Captain ordered the People to

row up to him, being but little Wind, then the Mallabar fired at Us

and our Captain at him severall Guns. at last our Captain perceiving

an English and Dutch Colours did all he could to get away. the Captain

designed to go to the high Land off St. Johns.[15] meeting with a

small Vessell under English Colours he chased her and comanded the

Master to come on board and plundered the Ship. I hearing a great

noise asked what it was. they told me that our Folks beat the People

aboard of the little ship and against night I heard there was a

Portuguez. so doing my endeavour to creep up to speak to the Portuguez

and asked him what was the best news, he told me that he and the

Master was forced to stay on board of our Ship, and that he did belong

to Bombay, and that our Captain had taken out some Rice, Raisons and

old Cloths and some Money. I heard of the Seamen that our Captain had

Information of three ships that had gone out of Aden bound for

Callicut being off Carwar, and being in necessity for Wood and Water

put in there, at which time I made great intercession to the Captain

for leave to go ashoar, which at last I obtained by giving him a

Beaver Hat, for he was unwilling to let any go ashoar but whom he

thought he could trust, for fear they should run away for most of his

people seemed dissatisfyed and would I believe do as I have done in

making their Escape if had opportunity, for the Carpenter and his mate

with severall others does design to run away with the Pinnace. This I

do swear by the old Testament to the best of my knowledge and what I

have heard of the Seamen that all the above written is true.

BENJAMIN FRANKS.

Bombay the 20th October 1697.

Sworn before me:

[Footnote 2: One of the Cape Verde Islands; Santiago is a larger

island of the same group, farther south.]

[Footnote 3: The Cape of Good Hope.]

[Footnote 4: Capt. Thomas Warren, R.N.]

[Footnote 5: Capt. Edward Acton, R.N.]

[Footnote 6: Tullear, near St. Augustine's Bay, on the southwest coast

of Madagascar.]

[Footnote 7: Supercargo.]

[Footnote 8: See document no. 63, note 11.]

[Footnote 9: Mohelli, another of the Comoro group.]

[Footnote 10: "Matta in the Red Sea," says William Jinkins of Bow, in

his deposition in _Commons Journal_, XIII. 24.]

[Footnote 11: Chick-peas.]

[Footnote 12: The straits of Bab-el-Mandeb.]

[Footnote 13: Mocha; see document no. 63, note 16a. Carwar is on the

west coast of Hindustan, some 350 miles south of Bombay.]

[Footnote 14: See document no. 33, note 15.]

[Footnote 15: Probably Diu, in northwest India.]

_72. The President and Council of the Leeward Islands to Secretary

Vernon. May 18, 1699._[1]

[Footnote 1: Public Record Office, C.O. 152:3, no. 21. This letter

conveyed to the British government its first knowledge of the return

of Captain Kidd to the western hemisphere. The Leeward Islands--Antigua,

Montserrat, Nevis, St. Christopher, the most important being

Nevis--constituted at this time one government, though with

subordinate administration in the several islands. The governor having

died, the council, of which William Burt was president, was acting as

governor till a new governor should arrive. Burt and the other signers

of this letter were all of Nevis. James Vernon, to whom the letter is

addressed, was secretary of state; he was the father of Admiral

Vernon, for whom Mount Vernon was named.]

_Right Honourable Sir_

Your Letter of the 23d of November last[2] in relacion to that

notorious Pirate Captain Kidd came safe to our hands, and shall take

particular care to put the same in execucion, and in order thereto

have sent copies thereof to the Lieutenant or Deputy Governor of each

respective Island under this Government; since which wee have had this

following account of the said Kidd (vizt.) That he lately came from

Mallagascoe in a large Gennouese vessell of about Foure hundred Tonns,

Thirty Guns mounted, and eighty men,[3] and in his way for these

partes his men mutinyed, and thirty of them lost theire Lives; That

his vessell is very Leaky; and that they are very much in want of

Provisions; And that severall of his men have deserted him soe that he

has not above five and twenty or thirty hands on board; about twenty

dayes since he touched at Anguilla, a small Island under this

Government, where he Tarryed about foure houres; but being refused

succour Sailed thence for the Island of St. Thomas (an Island

belonging to the Crowne of Denmarke)[4] and Anchored off that Harbour

three dayes, in which time he treated with them alsoe for releife; but

the Governor absolutely Denying him, he bore away farther to Leeward

(as it is beleived) for Porto Rico or Crabb Island;[5] upon which

advice wee forthwith ordered his Majesties Shipp _Queeneburrough_, now

attending this Government, Captain Rupert Billingsly Commander, to

make the best of his way after him; and in case he mett with him to

secure him with his men, vessell and effects, and bring them upp

hither, That no Imbezlement may be made, but that they may be secured

till wee have given you advice thereof, and his majesties pleasure

relateing thereto can be knowne. Wee shall by the first conveniencie

transmitt the like account of him to the Governor of Jamaica, soe that

if he goes farther to Leeward Due care may be taken to secure him

there; As for those men who have deserted him, wee have taken all

possible care to apprehend them, especially if they come within the

districts of this Government, and hope on returne of his majesties

Friggatt shall be able to give you a more ample account hereof.

Wee are with all due Respects

Right Honorable

Your most obedient humble servants

WM. BURT.

JNO. SMARGIN. MICH. SMITH.

RICHD. ABBOTT. DAN. SMITH.

NEVIS the 18th May 1699

[Footnote 2: Printed in the _Commons Journal_, XIII. 16. It was the

circular letter to colonial governors ordering them to apprehend

Kidd.]

[Footnote 3: The _Quedah Merchant_; see _post_. She is here spoken of

as Genoese, but other documents of the time speak of her as "Moorish

built."]

[Footnote 4: And now belonging to the United States. On Kidd at St.

Thomas, see document no. 83, _post._]

[Footnote 5: Now commonly called Vieques, a small island lying a few

miles east of Puerto Rico, and also now belonging to the United

States.]

_73. Examination of Edward Buckmaster. June 6, 1699._[1]

[Footnote 1: Oxford, Bodleian Library, Rawlinson MSS., A. 272, fol.

48; also in the Public Record Office, C.O. 5:1042, no. 40 XI. Edward

Buckmaster, "one of Shelley's men", was committed June 7, and broke

prison Aug. 25. _Cal. St. P. Col._, 1699, pp. 278, 401. A year later,

though he was supposed to be still alive, a rascally chaplain of the

fort at New York married his wife to Capt. Adam Baldridge of document

no. 68, obtaining a marriage license for "Adam Ball" and adding

"-dridge" afterward. _N.Y. Col. Doc._, IV. 333, 413, 766.]

Taken this 6 June 1699.

The Answer of Edward Buckmaster to severall questions put to him by

the Honorable John Nanfan, Esqr., Lieutenant Governor of this

province,[2] the said Buckmaster being sworne to answer all such

Questions as should be demanded of him.

[Footnote 2: Capt. John Nanfan, a cousin of Bellomont's wife, was

lieutenant-governor of New York under him, and administered the

province during Bellomont's absence in Massachusetts.]

Impr[imi]s. That the first land they made after they parted from this

port in the _Adventure Galley_, Capt. William Kidd Commander, was the

Island of Maderas, from whence they went directly to Madagascar, where

they staid about A month to victual and careen. That there were no

vessels at Madagascar when they came there. That they sailed from

thence to a small Island called Johanna, lying in the Latitude of 12

degrees south, and from thence to Mahela, Lying in the Latitude of 11

degrees south; that they staid at the said Johanna and Mahela two

Months where the Natives supplyed them with provisions. That there

were four East India ships belonging to the Company at the Island

Johanna at the same time they were there, the one called the _East

India Merchant_ the second the _Maderasse_, the third was a fly boat,

and the fourth he knows not the name of.

_Item._ That from thence they sailed along the shore of Magellona[3]

in the redd sea but saw no vessels till they came into the Latitude of

12 degrees north. That there they Met with several ships, some with

English, some with Dutch, and some with Moors Colours, with whom they

sailed in Company for Twenty five dayes but were not on board any of

them. That the name of the one was the _Scepter_,[4] which ship fired

a Gunn or Two At Capt. Kidds Galley.

[Footnote 3: Somaliland, probably.]

[Footnote 4: An English frigate. The events that follow are more fully

detailed in Kidd's narrative, document no. 76, _post_.]

_Item._ That they tooke a ship on the coast of Mallabar that had a

french pass, and French Master on board, with two Other white men, he

believes them Dutch men, the rest all Moors; she was about 200 Tuns,

made no resistance, and that they shared out of her four Bailes of

Callicoes each Man. That afterwards the _Adventure Galley_ sunck at

Saint Maries, and Kidd and Company went on board the prize.

_Item._ That Capt. Kidd had made no good voyage, having no money and

only 160 Bailes of Callicoes on board.

_Item._ That he the said Buckmaster Left the said Capt. Kidd the last

day of May 1698 and went on board the ship _Resolution_, Capt. Robert

Culliford Comander,[5] as a volunteer before the Mast, and went out

Cruising with him but tooke no vessel dureing the voyage though they

Continued Cruising from May to December. the said Culliford had forty

Gunns mounted and 120 men. he had been in those parts seven yeares on

the account.

[Footnote 5: Culliford was a noted pirate, who for a time commanded

the _Mocha_ frigate, which had been stolen from the East India

Company; and this _Resolution_ was the _Mocha_ renamed, not the

_Resolution_ of document no. 68, par. 13.]

_Item._ That he quitted the said Culliford the Middle of December last

and went on board the ship _Nasaw_, Giles Shelley Master,[6] that went

from New yorke to Madagascar to trade there (the said Buckmaster being

willing to come home to his family, the said Shelley being bound back

to New Yorke), that he gave the said Shelley 100 pieces of Eight for

his passage, which was the Comon rate and which sume he believes Fifty

more passengers that came from on board pyrate ships at Madagascar and

Saint Maries gave to the said Shelley, the said Shelley as he

believes well knowing what ships they had been in and what designe

they came from.

[Footnote 6: Shelley, fitted out from New York in 1698 by Stephen

Delancey and others, was suspected of piracy. In a letter of May 27,

1699, to Delancey, from Cape May, he speaks of bringing in 15,000

dollars of passage money. _Cal. St. P. Col._, 1699, p. 281. He had

lived in New York since 1688. See also doc. no. 85, note 17.]

_Item._ That the said Shelley sailed from the Island Saint Maries in

the East Indies to Chyan[7] where he stayd three or four dayes.

[Footnote 7: Cayenne, probably.]

_Item._ That five or six of the persons that belonged to Capt.

Culliford in the East Indies went on board Capt. Gravenreadt[8] out of

Shelleys ship, when she came on this coast at Cape May, which Cape

they made on Friday sevennight last.[9] Gravenreadts vessel lay about

two miles from Shelleys ship, but the said Gravenreadts came on board

shelleys ship, and believes made an agreemt. with the several men he

took on board with him for their passages to [_blank_]: Vizt. Robert

English, Jan Spons, Theophilus [_blank_][10] and two or three Others.

That John Elderige, ---- Stanton, and Doctor ---- Badwain[11] went on

shore at Cape May: they also came from on board Culliford.

[Footnote 8: Andreas Gravenraedt of New York. On this very day, June

6, Governor Blakiston of Maryland was seizing him and his ship in the

Severn River. _Cal. St. P. Col._, 1699, p. 287.]

[Footnote 9: May 26.]

[Footnote 10: Turner. He turned king's evidence. See the next

document.]

[Footnote 11: Kidd's physician was Robert Bradinham; he also turned

king's evidence.]

_Item._ That they came to Sandy Hook on Fryday last in the Evening,

that the said Edward Buckmaster, Paul Swan, Jonathan Evans and Otto

van Toyle went on shore at the west end of long Island on Saturday

last at seven of the Clock in the Evening, they also belonged to

Culliford; that he was at New Utrecht yesterday and came to New Yorke

last night. That he has been often in the hold of Shelleys ship

dureing the voyage but saw nothing but water Casks, and that he never

saw but four Gunns on the Deck since he was on board.

That one Capt. Shivers[12] came to saint Marys with a ship called the

_soldado_ of 40 Gunns while Shelley was there, which ship is run

ashore.

[Footnote 12: See document no. 68, par. 13.]

That he did not see the _Quedaw Merchant_ nor Capt. Wright.

That he was at Callicut and Carresaw[13] in Kidds ship.

[Footnote 13: Carwar?]

A True Copy.

BELLOMONT.

_74. Deposition of Theophilus Turner. June 8, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:714, no. 70 VI. Original; a

copy (no. 70 II.) is marked as sworn to before Colonel Blakiston,

governor of Maryland, on June 8, 1699.]

Maryland scilicet

Came Theophilus Turner, Borne at Heckfield near Hartley roade in

Hampshire, Aged about thirty years, and being sworne upon the Holy

Evangelists to declare the truth of what he knows concerning any Acts

of Pyracy comitted by him or any others, saith:

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