f
that all would be hushed, and that justice would but wink at him.
Wherefore he sailed directly for Boston laden with booty, with a crew of
swaggering companions at his heels. But no sooner did he show himself in
Boston, than the alarm was given of his reappearance, and measures were
taken to arrest him. The daring character which Kidd had acquired,
however, and the desperate fellows who followed like bull-dogs at his
heels, caused a little delay in his arrest. He took advantage of this to
bury the greater part of his immense treasure, which has never been
found, and then carried a high head about the streets of Boston. He even
attempted to defend himself when arrested, but was secured and thrown
into prison. Such was the formidable character of this pirate and his
crew, that a frigate was sent to convey them to England for trial.

Accordingly a sessions of Admiralty being held at the Old Bailey, in May
1701, Capt. Kidd, Nicholas Churchill, James How, Robert Lumly, 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 Lumly, 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.

Now a servant, it is true, if he go voluntarily, and have his
proportion, he must be accounted a pirate, for then he acts upon his own
account, and not by compulsion: and these persons, according to the
evidence, received their part, but whether they accounted to their
masters for their shares afterwards, is the matter in question, and what
distinguishes them as free agents, or men that did go under the
compulsion of their masters; which being left to the consideration of
the jury, they found them _not guilty_.

Kidd was tried upon an indic