HKB
all Piracies committed Eastward of the Cape of Good Hope, to the Longitude and Meridian of Socatora, and Cape Camorin. In which Proclamation, Avery and Kid were excepted by Name.
When Kid left Amboyna he knew nothing of this Proclamation, for certainly had he had notice of his being excepted in it, he would not have been so infatuated, to run himself into the very jaws of danger; but relying upon his interest with the Lord Bellamont, and fancying, that a French Pass or two he found on board some of the ships he took, would serve to countenance the matter, and that part of the booty he got would gain him new friends--I say, all these things made him flatter himself that all would be hushed, and that justice would but wink at him. Wherefor he sail'd directly for New York, where 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 Baily, 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 arraingn'd 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.
Kid was tried upon an indictment of Murder also, viz. for killing Moor the Gunner, and found guilty of the same. Nicholas Churchill and James How pleaded the King's Pardon, as having surrendered themselves within the time limited in the Proclamation, and Colonel Bass, Governor of West Jersey, to whom they surrendered, being in Court, and called upon, proved the same; however, this plea was over-ruled by the Court, because there being four Commissioners named in the Proclamation, it was adjudged no other person was qualified to receive their surrender, and that they could not be intitled to the benefit.
As to Captain Kid's Defence, he insisted much upon his own innocence, and the villany 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 pleas'd; 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 condemn'd, which he said were taken by virtue of a commission under the broad seal, they having French Passes--The Captain called one Col. Hewson to his Reputation, who gave him an extraordinary character, and declared to the Court, that he had served under his command, and been in two engagements with him against the French, in which he fought as well as any man he ever saw; that there were only Kid's Ship and his own against Monsieur du Cass, who commanded a squadron of six sail, and they got the better of him, but this being several years before the facts mentioned in the Indictment were committed, prov'd of no manner of service to the Prisoner on his Trial.