Privateering and Piracy in the Colonial Period Part 26

A true copy BELLOMONT.

[Footnote 19: Such is Baldridge's tale of innocence, but Kidd told Bellomont that "Baldridge was the occasion of that Insurrection of the Natives and the death of the pirates, for that having inveigled a great number of the natives of St. Maries, men, women and children, on board a ship or ships he carryed and sold them for slaves to a French Island called Mascarine or Mascaron, which treachery of Baldridges the Natives on the Island revenged on those pirates by cutting their throats."]

[Footnote 20: Abraham de Peyster, a member of the New York council and an a.s.sistant judge of the supreme court.]

_69. Warrant for Commissioning of Admiralty Judge. April 29, 1697._[1]

[Footnote 1: New York State Archives, Albany: Historical MSS., vol.

XLI., p. 60. The commissions of admiralty judges had originally been issued on warrant from the Lord High Admiral. Since 1673, however, except for two brief periods, the latter's duties have always been performed by the "Lords Commissioners for executing the Office of Lord High Admiral" (Admiralty Board, or Lords of the Admiralty). On April 29, 1697, the board consisted of the two distinguished admirals Sir Edward Russell (created earl of Oxford eight days later) and Sir George Rooke, Sir John Houblon, governor of the Bank of England, Col.

James Kendall, ex-governor of Barbados, and four others. The warrant is not addressed to any governor by name; Bellomont was not commissioned (as governor of New York, Ma.s.sachusetts, and New Hampshire) till June 18, 1697.]

By the Comiss'rs for Executing the Office of Lord high Admirall of Engl'd. Irel'd. etc.

Whereas, in pursuance of His Ma'tis pleasure signified to Us by the Rt. hon'ble Mr. Secretary Trumbull, Wee have appointed Mr. William Smith to be Judge, Mr. John Tudor Register, Mr. Jarvis Marshall, Marshall, and Mr. James Graham, Advocate of the Vice Admiralty of New-Yorke, and Connuticutt, and East-Jersey:[2] You are therefore hereby Empower'd and directed, to give unto them Commissions for their said Employm'ts respectively; And in case of the death, or inabillity, by sickness, or otherwise, of any of the said persons, You are to appoint others in their roome: and Transmitt to Us the Names of such persons as You do so appoint; Dated at the Admiralty Office this 29th of April 1697.

[Footnote 2: William Smith was already chief-justice of the supreme court of the province, and a member of the council. Jarvis Marshall had been messenger of the council. James Graham was speaker of the a.s.sembly, attorney-general, and recorder of the city of New York.]

To his Ma'tis Governour of RUSSELL.

New-Yorke and Connuticutt, G. ROOKE.

and East-Jersey/ for the time JNO. HOUBLON.

being. KENDALL.

By Command of their Lord'ps WM. BRIDGEMAN.

_70. Proclamation of Lieut.-Gov. Stoughton. June 4, 1698._[1]

[Footnote 1: Ma.s.s. Archives, vol. 62, p. 253. William Stoughton, lieutenant-governor of Ma.s.sachusetts 1691-1701, acted as governor from the departure of Governor Phips for England in 1694 to the arrival of Governor Bellomont in the province, May 26, 1699. Bellomont in June, 1698, was in New York. In the period to which most of our doc.u.ments belong there was always an outburst of piracy after the conclusion of a war, because mult.i.tudes of privateers found their occupation gone when peace was proclaimed, and some of them were sure to turn to the allied trade of piracy. The peace of Ryswyk, between France and Great Britain, Spain, and Holland, Sept. 20, 1697, had had this effect at the time of Stoughton's proclamation.]

William Stoughton Esqr., Lieutenant Governour and Commander in chief in and over his Ma'tys Province of the Ma.s.sachusetts Bay in New England

To the Sheriff of the County of Suffolke, his Under Sheriff or Deputy or Constables of the respective Towns within the sd County and to each and every of them to whom these presents shall come, Greeting.

Whereas I am informed That sundry wicked and ill disposed persons, suspected to have committed divers inhumane and hostile Acts and depredations upon the Subjects and Allies of other Princes and States in Forreign parts in Amity with his Ma'ty, are lately landed and set on sh.o.r.e on or about Long Island, Rhode Island and parts adjacent, having brought with them quant.i.tys of Forreign Coynes, silver, Gold, Bullion, Merchandize and other Treasure, Some of which persons (unknown by name) may probably come into this his Ma'tys Province and transport their moneys, Merchandize and Treasure hither,

These are therefore in his Ma'tys name strictly to command and require you to make diligent search within your several Precincts for such suspected persons, and to apprehend and seize every such person or persons, his or their money, gold, bullion, Merchandize and Treasure, and to bring the same before the next Justice of the Peace to be examined and proceeded against as the Law directs. And you are to require and take such a number of persons, with Armes or otherwise, unto your a.s.sistance as you shall think meet for the seizing and apprehending such suspected person or persons aforesd. and carrying him or them before the next Justice or Justices. And all his Ma'tys subjects are required to be aiding and a.s.sisting unto you in the Execution of this Warrant, as they will answer their refusal or neglect at their peril. And hereof you or they may not faile. And make return of this Warrant with your doings thereupon. Given under my hand and seal at Armes at Boston the Fourth day of June 1698, In the tenth year of his Ma'tys Reign.

WM. STOUGHTON.

CASE OF WILLIAM KIDD.

_71. Deposition of Benjamin Franks. October 20, 1697._[1]

[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 a.s.sembly (_Journal_, ed.

1764, I. 6, 13) voted him a gratuity of 150 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 Ma.s.sachusetts 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 12,000 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 a.s.sisted 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 Lat.i.tude 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 quant.i.ty 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 quant.i.ty I know not for I was carryed a sh.o.a.r sick and lay a sh.o.a.r 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 ash.o.a.r and at an Anchor ditto place. our Captain wanted to take in some water, sending the Pinnace ash.o.a.r 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 sh.o.a.r, 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 ash.o.a.r. 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 anch.o.r.ed 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 ash.o.a.r 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 ash.o.a.r 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 Sat.u.r.day 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 ash.o.a.r, which at last I obtained by giving him a Beaver Hat, for he was unwilling to let any go ash.o.a.r 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 doc.u.ment no. 63, note 11.]

[Footnote 9: Moh.e.l.li, 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 doc.u.ment no. 63, note 16a. Carwar is on the west coast of Hindustan, some 350 miles south of Bombay.]

[Footnote 14: See doc.u.ment no. 33, note 15.]

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