re 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 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 Bailey, 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 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.

Kid was tried upon an indictment of murder also--viz., for killing Moor,
the gunner--and found guilty of the same.

As to Captain Kid's defense, he insisted much upon his own innocence,
and the villainy 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 his 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 Colonel Hewson to his reputation, wh