58 THE SEA. 



was a pirate named Culliford. When they met, they told him that they had been informed 

 he was sent out to take them and hang them. Kidd laughed at their fears, and told them 

 that they might look upon him as a brother, pledging them in wine. The Adventure 

 was now old and leaky, and Kidd shifted his guns and stores to the prize. Here he acted 

 fairly to his men, by dividing such of the cargo, &c., which was available ; a number 

 of them returned the compliment by deserting him, others remaining in the country, and 

 some going 011 board Captain Culliford's ship. 



At Amboyna, where he touched soon afterwards, he learnt that his proceedings were 

 understood in England, and that he had been declared a pirate. The fact was that questions 

 had been asked in Parliament regarding the commission which had been given to him, 

 and those who had fitted out the vessel. The discussion seemed to Lord Bellamont to 

 bear hardly on him, and after Kidd's execution, he published a pamphlet defending his 

 course. But to stop the piracy so common in those days, a free pardon was offered to 

 those pirates who had been engaged in the Eastern African waters who should surrender 

 their persons any time prior to the 30th April, 1G99. Kidd and Avery, the latter of whom 

 we shall hereafter meet, were excepted distinctly in the proclamation. When Kidd left 

 Amboyna he most certainly did not know this fact, or he would not have rushed into the 

 lion's jaw. Trusting to his money, and his influence with Lord Bellamont, he sailed for 

 New York, where on arrival he was arrested with other of his companions, and sent to 

 England for trial. 



A solemn session of Admiralty was that which met at the Old Bailey, in May, 1701, 

 when Captain Kidd and nine others were arraigned for piracy and robbery on the high seas. 

 All were found guilty except three, who were proved to have been apprentices. Kidd was 

 also tried for the murder of his gunner, and found guilty. The men pleaded variously, 

 and two of them had undoubtedly surrendered themselves within the time limited by the 

 proclamation. Colonel Bass, the Governor of West Jersey (now the state of New Jersey, 

 adjoining that of New York), corroborated this statement. It was shown that they had 

 not surrendered to a commission of four specially sent over for the purpose, and they were 

 condemned to die. This was, as far as the writer can judge, a hard case. Another seaman, 

 Darby Mullins, said in his defence that he served under the king's commission, and had 

 no right to disobey any commands of his superior officer; that, in fact, the men were 

 never allowed to question his authority, because it would destroy all discipline; and that 

 even if unlawful acts were committed, the officers were the persons to answer it, not the 

 men. He was answered that serving as he did only entitled him to do that which was 

 lawful, not that which was unlawful. He replied that the case of a seaman must be bad 

 indeed, if he were punished in both cases, for obeying and for not obeying his officers, 

 and that if he were allowed to dispute his superior's orders, there would be no such thing 

 as command on the high seas. This ingenious defence availed him nothing ; he had taken 

 a share of the plunder, and had mutinied, showing no regard to the commission; and 

 further, had acted in accordance with the customs of pirates and freebooters. The jury 

 brought him in guilty with the rest. 



Kidd's defence was not strong, as a matter of legal argument. He insisted that he 

 had been more sinned against than sinning. He said that he went out on a laudable 



