Note (return) — Chapter VI

Some of the recalcitrant freebooters, however, were captured and brought to justice. Major Beeston, sent by the governor in January 1672, with a frigate and four smaller vessels, to seize and burn some pirate ships careening on the south cays of Cuba, fell in instead with two other vessels, one English and one French, which had taken part in the raids upon Cuba, and carried them to Jamaica. The French captain was offered to the Governor of St. Jago, but the latter refused to punish him for fear of his comrades in Tortuga and Hispaniola. Both captains were therefore tried and condemned to death at Port Royal. As the Spaniards, however, had refused to punish them, and as there was no reason why the Jamaicans should be the executioners, the captains of the port and some of the council begged for a reprieve, and the English prisoner, Francis Witherborn, was sent to England.341 Captain Johnson, one of the pirates after whom Beeston had originally been sent, was later in the year shipwrecked by a hurricane upon the coast of Jamaica. Johnson, immediately after the publication of the peace by Sir Thomas Lynch, had fled from Port Royal with about ten followers, and falling in with a Spanish ship of eighteen guns, had seized it and killed the captain and twelve or fourteen of the crew. Then gathering about him a party of a hundred or more, English and French, he had robbed Spanish vessels round Havana and the Cuban coast. Finally, however, he grew weary of his French companions, and sailed for Jamaica to make terms with the governor, when on coming to anchor in Morant Bay he was blown ashore by the hurricane. The governor had him arrested, and gave a commission to Colonel Modyford, the son of Sir Thomas, to assemble the justices and proceed to trial and immediate execution. He adjured him, moreover, to see to it that the pirate was not acquitted. Colonel Modyford, nevertheless, sharing perhaps his father's sympathy with the sea-rovers, deferred the trial, acquainted none of the justices with his orders, and although Johnson and two of his men "confessed enough to hang a hundred honester persons," told the jury they could not find against the prisoner. Half an hour after the dismissal of the court, Johnson "came to drink with his judges." The baffled governor thereupon placed Johnson a second time under arrest, called a meeting of the council, from which he dismissed Colonel Modyford, and "finding material errors," reversed the judgment. The pirate was again tried—Lynch himself this time presiding over the court—and upon making a full confession, was condemned and executed, though "as much regretted," writes Lynch, "as if he had been as pious and as innocent as one of the primitive martyrs." The second trial was contrary to the fundamental principles of English law, howsoever guilty the culprit may have been, and the king sent a letter to Lynch reproving him for his rashness. He commanded the governor to try all pirates thereafter by maritime law, and if a disagreement arose to remit the case to the king for re-judgment. Nevertheless he ordered Lynch to suspend from all public employments in the island, whether civil or military, both Colonel Modyford and all others guilty with him of designedly acquitting Johnson.342