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.--Wherefore 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 Pyrates, 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 arraign'd for Pyracy and Robbery on the High Seas, and all found guilty, except three; these were _Robert Lumley_, _William Jenkins_, and _Richard Barlicorne_, 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, tho' they were proved to be concern'd 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 Pyracy. A Pyrate 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 Pyrate, 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.