The Pirate King

Morgan’s Defence

The following is the whole defence that Morgan and Byndloss used against the allegations made by using Vaughan of their conduct as participants of the

Council of Jamaica. Dated 10 November 1677, the file information their defence, which turned into despatched to the Lords of Trade and Plantations:

On perusal of numerous papers, ordered via Lords of Trade and Plantations that a breviat [brief] be fabricated from the specific prices and proofs introduced towards Sir Henry Morgan and Colonel Byndloss. Then follow the articles against Sir H.Morgan and proofs, and the articles against Lieutenant Colonel Byndloss and proofs.

List of Papers touching Sir Henry Morgan and Colonel Byndloss

1. Letter from Lord Vaughan to Secretary Coventry, dated 2 August 1676 [calendared, see No. 1006].

2. A kingdom of the case on the examination of Sir Henry Morgan and Colonel Byndloss earlier than His Excellency and Council. 6pp. Received from Secretary

Coventry, nine November 1676.

3. Exemplification of all the court cases upon the quotation of Sir Henry Morgan and Colonel Robert Byndloss before the Council held at Port Royal, 24 July 1676. Received from Secretary Coventry, nine November 1676. By the St George, Captain Alford [calendared, see No. 998].

4. Sir Henry Morgan to [Secretary Coventry]: Account of his trial before the governor and Council of Jamaica. Beseeches His Majesty to suspend giving

his judgment until the subsequent ships come for you to convey other depositions he hopes will clear all. ‘But if His Majesty ought to be deaf to all and these items

have to provide His Majesty event to put me out that he might be graciously pleased to reserve that I may be tried here at his Court of King’s Bench wherein

the witnesses are . . . And if ever I err in one identify, then allow me ever be condemned for the greatest villain in the international, and as God is my choose and witness I have never entertained a thought in my lifestyles but what hath been really committed to His Majesty’s carrier and interest nor in no way will.’ Jamaica,2 August, 1676.

5. Sir Henry Morgan to [Secretary Coventry]. Thanks for his plentiful favours. Can most effective say, it being no longer in my energy to make my Lord prove it,

that I in no way seeing that I got here here writ a line to any of the privateers, consequently the copies despatched are solid on purpose to my prejudice. Waited upon his Excellency waiting for he would have warned me to appear before the Council, but he stated not anything of it, however as I understand it's miles fake I will, the primary Council, myself flow it and preference what's laid to my price may be proved

which I recognize is not possible. ‘I sucked the milk of loyalty and if I might have bought one little part of it I might have been richer than my enemies ever will

be.’ As for Colonel Byndloss, knows not anything of crime in him, however his being related to Sir Henry, for he lives 20 miles from Port Royal, has a spouse and 5 or 6 children and one of the satisfactory estates on this island, consequently he is an information man and would no longer task that threat and property

in opposition to not anything. His sadness is he serves a superior here this is jealous of all his actions and put himself to study Sir Henry’s ruin for what purpose

knows no longer. Received 4 September with the aid of Captain Hoskins of Bristol.

6. Captain John Bennett’s Commission in French signed by means of Ogeron, governor of the Tortugas and the coast of San Domingo and condemnation of his prize. April 1675. Also Ogeron’s letter to Attorney.

7. Sir Henry Morgan to Captain John Bennett. Is commanded by the Captain General to acquaint all of the privateers, each English and French, that they

shall have always as a lot liberty of this port as ever they'd, and that they will with abundance of safety come hither. Will send his Lordship protection below hand and seal in order that they want not be terrified of any damage despite the fact that here's a king’s frigate. They may additionally assure themselves of His Excellency’s favour and friendship, Jamaica, Port Royal. 25 March, 1675.

8. Sir Henry Morgan to the Privateers, Captains Rogers, Wright, Nevill, Bennett, Pryniar, and to all others acting below French Commissions as

well English as French. Is commanded by way of the General to inform them they're welcome to this island and shall have all the privileges they ever had and

Port Royal is free to them. Hopes their enjoy of him will give him the popularity that he intends now not to betray them, Jamaica, Port Royal. 26 March 1675.

9. Colonel Robert Byndloss to [Secretary Coventry] Is advised that Lord Vaughan has charged the author to His Honour for contracting with the French governor to receive the tenths for his Commissions. Account of his being summoned before the Council on 24 July of the matters objected in opposition to him, and his answers. Begs him to trust he could as quickly reduce his own throat as do a component willingly within the least to incur His Majesty’s displeasure. Cannot inform how he has disobliged my Lord; thinks his fault is being allied by way of marriage to Sir H.Morgan, in that case, is contented, and it’s as exceptional a riddle to Jamaica what Sir Harry hath executed. Implores his resource that His Majesty might also have a proper know-how of his case. 3pp. Jamaica. 29 July 1676. Received, 11 October.

10. Articles to be exhibited in opposition to Robert Byndloss before his Excellency and the Council. 1p.

11. Answers of Colonel Byndloss to the preceding articles. Certified replica. 4pp.

12. Governor Lord Vaughan’s reply to the previous solutions of Colonel Byndloss. 1p. Certified copy.

13. Deposition of Robert Byndloss, aged 40 years, earlier than Colonel Thomas Fuller, one among His Majesty’s Council. 1 August 1676. 2pp.

14. Order of Council for sending Colonel Byndloss to view the several forts at Port Royal. Missing.

15. Examination of Charles Barré earlier than governor Lord Vaughan. That quickly after His Excellency’s arrival he copied numerous letters for Sir Henry Morgan, one become directed to Captain Bennett and the alternative to Rogers and different Privateers. Port Royal, 28 August 1676.

16. Colonel Robert Byndloss to [Secretary Coventry]. Complains of the governor’s court cases as to the costs he has introduced in opposition to Byndloss.

None of the papers sent domestic signed with the aid of the Council, for the governor saw now not one man of them however might have cleared us since not anything became proved and it become undeniable prejudice. My Lord does all to make Byndloss a superb friend to the Privateers. Is now a planter and has lived for 9 years 20 miles from Port Royal, but, however his settled and clean situation which he so a whole lot loves, is willing to hazard his existence and go through any hardship for His Majesty’s provider, at whose command he's going to pass in this frigate with a smooth of six or 8 guns and so deal with the privateers at sea, and in their holes deliver inside the chief of them to His Majesty’s obedience or carry in their heads and ruin their ships. 3pp. Jamaica, 12 September 1676. Received, nine January 1677.

17. Deposition of Charles Barré, Secretary to Sir Henry Morgan, Lieutenant General of Jamaica. That about March 1675 he did replica by way of Sir Henry’s orders letters Sir Henry had written with design to have despatched them to the captains of numerous privateers, to suggest to come back to Jamaica with prizes and that they must be well acquired, but understood Sir Henry wrote stated letters through consent of Lord Vaughan and despatched him copies of every letter to underwrite his approbation, which the governor deferring Sir Henry refused to send said letters. Confesses accepting Captain Smith’s provide to go a trading voyage with him, however definitely denies he became despatched with the aid of Sir Henry to deal with or act any enterprise with the French or English privateers neither did Sir Henry. Also touching Lord Vaughan’s examination of this deponent

after his return from his said voyage. 2pp. Port Royal, 12 September 1676.

This list of files may be located within the 1–15 November 1676 Calendar of

State Papers Colonial, America and West Indies, Volume nine: 1675–1676.

The Francis Mingham Affair

The following correspondence illustrates the manner in which the Francis Mingham affair become handled by way of Morgan and his council. As we recognise,

Morgan sued Mingham for libel and received that case. This is some of the correspondence that constructed up around it. The first record is from the Minutes of the Council of Jamaica dated 5 November 1680, while Morgan turned into Lieutenant

Governor:

The King’s Order in Council of 21 July for the discharge of Francis Mingham from prison was read; and in obedience thereto the said Francis Mingham turned into despatched for by Sir Henry Morgan and discharged. Francis Hanson, suggest to Mingham, averred to the Council that the item in Mingham’s printed case alleging a writ of errors to be denied him became maximum false, for no writ of blunders turned into to his expertise demanded. Major Yeoman, Provost Marshal, made oath that Francis Mingham turned into arrested in an motion upon judgment, and

that he received no orders from Sir Henry Morgan as to Mingham’s arrest and confinement. The gaol was

too susceptible to allow Mingham the hazard of escaping in his personal red. John Starr, clerk to the Provost Marshal, made oath that Mingham was no longer charged with Sir Henry Morgan’s execution till many days after the fourteen days mentioned in the printed case. Robert Staley, gaoler, swore that he received no order from Sir Henry Morgan as to the confinement of Mingham, and Harry Sound, another gaoler, confirmed it.

Francis Mingham owned that he become kindly handled in prison and admitted that it became not real, as said in the printed case, that he had been charged 16 pounds; to build him a jail. By all of which circumstances and others too tedious for the Lords of Trade and Plantations the Council is nicely glad that Francis Mingham’s troubles in Jamaica have been due extra to his very own imprudence and malicious preference for revenge than to any cause of Sir Henry Morgan to oppress him.

The next letter is dated 6 November 1680 and was from the Council of Jamaica to the Lords of Trade and Plantations: In obedience in your Lordships’ orders to inform you every six months of what we may think for the coolest of the Colony, we write to tell you that in obedience to the King’s Order in Council we've released Francis Mingham from prison. And herein we discover occasion to symbolize with all humility the various notable inconveniences on the way to attend the prosecution of justice on this Island if this example must be drawn into precedent, or if writs of errors or habeas corpus out of the King’s Bench in England be allowed to do away with any debtor in execution from this vicinity thither, as in this example has been practised. For it need to desires generally tend to the

defeating of justice here and discouragement of change (on which things the welfare of the Island relies upon), specifically because it isn't always hard at so tremendous a distance to allege very honest and specious pretences which upon proof may also look like really untrue.

We therefore beg your Lordships to represent the foregoing to His Majesty in Council. Signed, Robert Byndloss, Hender Molesworth, John Webbe, Francis Watson, John Cope, Thomas Freeman, Charles Whitfeld, J. Fuller, Thomas Ballard. Sir Charles Modyford, Thomas Modyford’s son, took a deposition before Sir Francis Watson, then choose of the Supreme Court of Jamaica, dated eight November 1680:

After the arrival of Francis Mingham inside the pink Francis, from Jamaica, within the port of London, it turned into discovered on his handing over his bills to his owners that there were several articles charged to their debt upon account of a seizure made of the said pink in Jamaica. Thereupon questions arose whether the seizure was criminal or unlawful. The majority of the owners, whereof deponent is one, thought it turned into criminal, and therewith declined to be similarly concerned with Mingham’s fees on this account, however out of pity gave him a invoice of trade for 100 pounds. Further, when deponent arrived in Jamaica he moved Sir Henry Morgan on behalf of Mingham, while Sir Henry frankly promised him that if Mingham might pay his expenses within the affair and in acknowledgment of the injury he had performed him might gift his lady with any such educate and horses

as deponent might think match, then he would absolutely acquit and forgive him of his execution of two,000 pounds;

which offer changed into duly made to Francis Mingham and refused. On 12 November 1680, Morgan wrote to the Lords of Trade and Plantations

approximately his component inside the Mingham affair:

I actually have duly discharged Francis Mingham from prison in obedience for your Lordships’ letter of 25 July closing, though I am persuaded that I should have given you excellent motives for maintaining him there. However, my duty thrilled me more than my benefit inside the 2,000 pounds; execution, and I am grateful to you in taking safety for his answering the equal in England. I now beg leave to offer your Lordships with the true country of the case that you can see how your exceptional goodness has been abused each through his authentic petition and his published case; nor do I doubt that you'll better recognize, if you have study the identical, how scandalously both I and the government had been slandered, and what sort of both ought to suffer unless your Lordships’ deep foresight and wisdom obviate so developing an evil.

These reviews and letters may be located inside the November 1680 Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677–1680.