Mr. Moxon (counsel for one of the prisoners). “But, my lord, consider the nature of this proclamation, and what was the design of it, which was to induce pirates to come in.”
Lord Chief Baron Ward. “If you would have the benefit of it, you must bring yourself under the conditions of it. Now there are four Commissioners named that you ought to surrender to. But you have not surrendered to any one of these, but to Colonel Bass, and there is no such man named in the proclamation.”
The consequence of this decision was that all four of the men who had surrendered under the proclamation were condemned to death along with Kidd, and their comrades, some of whom when it became clear that they would be condemned were desirous that their loyal obedience to their captain should be placed on record, e. g.:
Gabriel Loffe (a foremast man from New York). “I have nothing to say, but to ask him” (Bradenham) “whether I did ever disobey my captain’s commands, or was in any way mutinous on board the ship.”
Bradenham. “No. I cannot say you did.”
Parrot (the Plymouth boy). “My lord, I desire you would ask the witnesses, whether I ever disobeyed my captain’s commands. Mr. Palmer, did you ever see me guilty of an ill thing? Did I ever disobey my captain?”
Palmer. “You were always obedient to your captain.”
Mullins (the Irishman). “Mr. Bradenham, did I do anything against my captain’s commands?” (It is to be feared he did, in leaving him.)
Bradenham. “I cannot say, but that he did always obey the Captain’s commands.”
Mullins (again, this time to Palmer). “Did not Captain Kidd often say that his commission would bear him out in what he did?”