Prisoner of the State
As Morgan sailed into the harbour at Port Royal he had no idea of the changes that were about to befall him. Nor did he realize that Panama would be his last expedition, although he may have had an inkling. Although Modyford was still in place as governor a new lieutenant governor, Thomas Lynch, had been appointed in London and by April 1671 he had not yet sailed for Jamaica.
The peace treaty that had been signed between England and Spain made matters worse. Modyford had not officially been told about it but he had heard about it through his son, Charles, who wrote to him from London.
The first that anyone in London was aware of the Panama expedition was in late February to early March when a newsletter was published that said Admiral Morgan had sailed in command of a fleet of thirty English and French ships with the express purpose of sacking Panama.1
Meanwhile, Port Royal once again went wild when Morgan arrived in the Mayflower, accompanied by the Pearl, the Dolphin and the Mary. These four ships carried about 500 buccaneers, less than two-thirds of the force that had attacked Panama. But for the merchants, brothels and tavern-keepers of Port Royal the arrival of these buccaneers was a godsend and they would soon be helping the men to spend their cut of the booty.
Almost from the moment he arrived, criticism and rumour were laid at Morgan’s door. The French had accused him of cheating and these rumours spread like wildfire through Port Royal and Jamaica. His critics pointed to the fact that he’d lost the Satisfaction, that each of the buccaneers had received a low share of the booty and that the La Santísima Trinidad had been allowed to get away with all the riches of the city of Panama.
But hadn’t he taken the men across the isthmus, down to the South Sea and attacked Panama? He’d done more than just attack the city; he’d occupied it for twenty-eight days and taken as much treasure out of it that had been left. The La Santísima Trinidad had escaped his clutches because his orders had not been carried out. The men had been too drunk on wine to recognize the ship and what it meant. The reason why each man’s share was so low was because there were so many buccaneers on the expedition. Few people listened to the critics because Morgan had done what no one else had. In a little more than two years, he had brought into Port Royal almost £950,000 pieces of eight—£50,000 from the raid on Puerto del Príncipe, £250,000 from the attack on Portobello, another £250,000 from Maracaibo and Gibraltar, and £400,000 from Panama.2
Once he was reunited with his wife, Elizabeth, at their plantation, Lawrencefield, Morgan sat down to write his report.
In London, the recently married Sir Thomas Lynch sailed with his new wife for Jamaica just a few days after Morgan completed his report and handed it to Modyford. With Lynch came his instructions as the new lieutenant governor of Jamaica:
Instructions for Sir Thomas Lynch, Lieut Governor of Jamaica. (1.) With these instructions he will receive His Majesty’s Commission as Lieut Governor of Jamaica, a revocation of Sir Thos Modyford’s Commission of 15 February 1664, and a letter to said Sir Thos (2.) To deliver to Sir Thos said letter and revocation, assemble the present Council and principal persons and officers, and publish said revocation together with his own commission.3
Not only was he to revoke Modyford’s commission, he was to send him back home to London as a prisoner. He was also ordered to reign in the activities of the buccaneers and publish the articles of the treaty signed in Madrid within eight months of October 1670 after agreeing with the local Spanish governors on the day:
for the better encouragement of all belonging to the privateer ships to come in, immediately after the publication of said peace to proclaim a general pardon to all that shall submit to His Majesty within reasonable time and betake themselves to planting or merchandising, of all offences committed from June 1660 to the said publication, and assure them that they shall enjoy all such goods as they shall be possessed of at the time of said publication, except the 10ths and 15ths, and that if they will plant they shall have 35 acres by the head; that if they will employ their ships in trade, they shall be admitted to trade in them with the same freedom as if they were English-built; and that if any will serve on His Majesty’s ships of war, they shall be received into his service and pay.4
In addition, Lynch was to keep the council members as they were and send back the accounts of Thomas Modyford for perusal in London. He was to make laws and raise taxes in the same way they were done in England, according to English law, among many other instructions.
However, while Lynch was on his way to Jamaica, Modyford had still not heard officially about the treaty, even though he knew about it through his son, Charles, as well as from other sources. The first official notice he had of the signing of the peace treaty came from a letter written by the governor of Puerto Rico to Modyford that was dated 30 April. This letter essentially said that the treaty had been sent to all Spanish governors in the region who would then have to contact the governors of the English colonies to agree a suitable date for the simultaneous publication of the treaty. This letter now confirmed the anecdotal evidence that Modyford had received through his son about the signing of the peace treaty.
In May, Modyford wrote to the governor of San Dominigo in Hispaniola, stating that he had:
received last night by Don Francisco Calderon His Excellency’s despatch of the 6/16 current, with the Articles of Peace between the crowns of Great Britain and Spain, and his desire that the same be published by them both on the same day. Has not yet received any orders from his [Modyford’s] master, but is in hourly expectation thereof, and if they come soon enough, will cause the treaty to be published on St John’s Day as the Governor of Porto Rico desires. All his master’s subjects under his command rejoice much in this peace, and will contend with the Spaniards in all points of civility and friendship.5
After reading Morgan’s account and the letter from the governor of Puerto Rico, on the 7 June Modyford began drafting a report that outlined his reasons for giving the buccaneers commissions to attack the Spanish.
Entitled ‘Considerations from Sir Thomas Modyford which moved him to give his consent for fitting the privateers of Jamaica against the Spaniard’, the document went into great detail on the events leading up to Modyford providing commissions to the buccaneers:
1. The peaceable state they were under, having in May 1669 called in all commissions, and never intending to give more, till in July 1670 they were enforced by the Queen of Spain’s Scaedula of 20 April 1669, commanding war against them, which arrived in June 1670.
2. The execution of this war by the violences of Rivera Pardal, who, after burning their houses, took two vessels, and would have taken all vessels from England.
3. The constant advices of more vessels preparing to come to him, ‘every little success setting that easily heightened nation a tiptoes.’
4. His Majesty’s instructions empowering the governor on extraordinary cases by the Council’s advice to use extraordinary remedies.
5. The unanimous consent of the Council and their fear of the ruin of the country.
6. The complaints of the merchants, fishermen and sailors, fears of the planters, cries of the women and children, and the danger of the governor’s person and reputation should he have denied to take arms on so general an importunity.
7. The certain increase of the enemy’s courage and pride, ‘if it were possible,’ and the debasing of ours, ‘which is the next to beating.’
8. The fatal consequences of the foregoing evils.
9. Lord Arlington’s letter of 11 June 1670, which arrived in August, commanding him to keep the privateers in the posture that letter should find them in.
10. The commission to Morgan being solely to revenge these affronts and prevent more.
11. The commission to private captains being only to execute Morgan’s orders, whereby it is evident nothing was in design but His Majesty’s service.
12. And whereas it may be objected that the fleet might have been called in after the coast had been secured, and so the mischief at Panama prevented; it must be considered that, the privateers finding ships, arms, ammunition, and provisions on their own charge, would not have obeyed such orders, expecting ‘as the late Lord General, that great master of war, adviseth, the soldier to look on the enemy as the surest pay.’6
On 25 June 1671, the lookouts at Fort Charles spotted two frigates heading for the harbour at Port Royal. Once it was realized that the frigates were flying British colours a runner was sent to notify Modyford.
This was a special occasion for it had been some time since an English frigate had arrived in Port Royal. Now it was doubly special, with the arrival of two of them—the Assistance and the Welcome. These two ships heralded the arrival of Sir Thomas Lynch, the new lieutenant governor, with a new set of instructions from the king, as we have already seen. Modyford, of course, knew nothing about the instructions.
Lynch had been away from Jamaica for several years. In addition to his instructions he brought with him his new wife and a painful attack of gout that would keep him bedridden for a number of days. He was only thirty-eight.
Once the ships had anchored in the harbour and the passengers disembarked, Lynch and his wife met with Modyford. Lynch showed Modyford his commission as the new lieutenant governor of Jamaica and also provided him with the official news of the signing of the peace treaty with Madrid and the instructions for publishing the treaty.
However, he did not tell Modyford that he was to replace him, nor did he tell him at that time that Modyford was to be arrested and taken back to London as a prisoner and imprisoned in the Tower of London. Since the death of old Colonel Edward Morgan, Modyford had been a governor without a lieutenant governor and now it appeared that Lynch was the new replacement. For the first few weeks this is how Lynch played his part. Since there was no official residence for a lieutenant governor Modyford invited Lynch and his wife to stay with him in his official governor’s residence as his guests until a new house could either be built or found for the Lynches.
In the first seven days of his arrival Lynch was in bed for four of them, as he wrote in his first letter to Secretary of State Lord Arlington:
Has kept his bed four out of the seven days he has been here, and now writes this on it. Was very sick all the way from Barbados, and such a fit of the gout has taken him as he never had before. But no time has been lost, for he must have a house and know how to get victuals, give commissions to officers, and appear at the head of the several regiments before he can embark him [Sir Thomas Modyford]. Feared nobody but this regiment, which made him divide it into two. Does not see but on a dispute he would have more adherents than Modyford, for people love novelty, are displeased about privateering, and the quantity of land given out. The truth is, ‘there is not in him or any the least appearance of any disposition to resist the King’s authority,’ however, shall not till well established put him on board, nor is there any ship fitted or a farthing in the treasury to fit one, so thinks of putting him on board a good merchant’s frigate that will sail about six weeks hence; or else to send the Welcome, which will save the King a great deal of money; she is an old vessel, and if taken in any distress of weather would be lost and all her men, but the Assistance with a catch would be sufficient to awe the privateers . . .7
We can see that in this first letter to Arlington, Lynch was already working out a way to arrest Modyford and get him on board a vessel with as little fuss or public outcry as possible. He also made no bones about the fact that both Modyford and Morgan were disliked in London.
The rumours about how Morgan and his captains cheated the buccaneers who went with them on the Panama raid spread through Port Royal as more and more of the privateers returned with little in their pockets and began grumbling about their hardships. Lynch reported these rumours in his letter when he stated that ‘this voyage has mightily lessened and humbled them, and they would take it for a great compliment to be severe with Morgan, whom they rail on horribly for starving, cheating, and deserting them.’
However, the first item of business for both Lynch and Modyford was to ensure the treaty was published by the Spanish governors in the West Indies on the date prescribed by the governor of Puerto Rico, so they decided to send the two frigates to Cartagena with the treaty and bring away any English prisoners. However, on the voyage out, Captain Hubbard, who was commanding the Assistance, died.
In the meantime, Surgeon Browne reported to Joseph Williamson:
Sir Thos Lynch arrived about twelve days since, and was very well received by the old Governor and people: he has been much troubled with the gout; the old Governor visits him very often, and they have agreed to suffer ships to fetch logwood out of the Bay of Campeachy. Is informed there are about forty ships cutting logwood: certainly the Spaniards cannot suffer it, but may take some of them, which will occasion a new war. About six weeks since Spaniards landed from a small bark, burnt a house and carried a prisoner to Cuba. The Assistance frigate, and the Welcome are to go to Carthagena and Cuba with the articles of peace.
While both of those vessels were away, Morgan became ill with fever. As he lay on his sickbed the rumours about how he and Collier and the other captains had cheated the buccaneers grew. In late August, surgeon Browne entered the fray when he wrote to Williamson that:
there have been very great complaints by the wronged seamen in Sir Thos Modyford’s time against Admiral Morgan, Collier, and other commanders, but nothing could be done, but since Sir Thos Lynch’s arrival they are left to the law. The commanders dare but seldom appear, the widows, orphans, and injured inhabitants, who have so freely advanced upon hopes of a glorious design, being now ruined through fitting out the privateers.8
Why Browne suddenly decided to turn against Morgan is unclear. In his letter he blatantly accuses the commanders of the Panama expedition of cheating ‘the soldiers of a very vast sum, each man having but £10 a share, and the whole number not being above 1,800.’ Browne then says of the commanders at Chagres:
they gave what they pleased, ‘for which . . . we must be content or else clapped in irons, &c.,’ and after staying there a week the Admiral and four or five more stood for Jamaica, being like to starve in that ten days’ run, and the rest for want of provisions were forced to leeward, where hundreds were lost, starved, which is half the undoing of this island. At their going out on this unfortunate voyage they had thirty-seven sail of men-of-war, and knows of nineteen cast away and not above ten have ever yet returned.9
This letter is important because it puts the raids by Morgan into context. Essentially, Browne asks why such a massive force was put together in response to the pitiful action by Rivera of burning four houses and taking a few hogs.
Cannot tell what infatuated ‘our Grandees’ to send forth such a fleet on so slender an account; can ‘find no other cause but a pitiful small Spanish man-of-war of eight guns, which came vapouring upon these coasts with a commission from the Queen of Spain . . . took one small vessel . . . burnt four or five houses, and took away about thirty live hogs . . . and he himself was taken with his ship.’ We do the Spaniards more mischief in one hour than they can do us in seven years; it is incredible what loss they received by us at Panama.10
In his next sentence Browne puts this action down to Spanish gold and silver rather than revenge as being the main motivation.
In a letter dated 20 August 1671, Lynch talked about the return of the Assistance and the Welcome from Cartagena where, he states, that ‘they were treated infinitely well by the governor and the city, of which His Lordship has here a narrative by Major Beeston, and “all the autos and formalities of it in Spanish from the governor”, and likewise the governor’s letter, the publication of the Peace, and a letter about the sweepstakes.’11
This lengthy letter is essentially providing Lord Arlington with an update on how well Lynch had put the king’s instructions into action. He had established the government, with him as the new governor. However, of the privateers or buccaneers he states that for the most part they were divided or had become planters or logwood traders. Logwood from Hispaniola was a thriving business for Jamaica. Lynch goes on to say that he had sent proclamations to all the buccaneers’ haunts promising them a pardon if they came in within six months. He claimed in his letter that he was taking their side against their commanders, ‘of which they have cheated them, which has contributed mightily to the bringing them in and reducing them.’12
However, a large part of his letter is taken up with his arrest and detaining of Modyford. Lynch had been waiting for the return of the two frigates before he carried out his orders from the king about arresting Modyford. Those instructions came in the form of a private letter from the king that ordered him to seize Modyford and send him to London under ‘safe passage’. Once this was done, the instructions ordered him to take ‘quiet possession of the government’. Modyford was held in high esteem by many people in Jamaica so there was always the possibility that there might be resistance at his arrest—something that Lynch clearly wanted to avoid, as his deferring of these instructions indicates. If there had been resistance Lynch was to use the two frigates to assist him in keeping order ‘by annoying in all ways the island, and particularly by burning, sinking and destroying the privateers that shall assist the island in such opposition to His Majesty’s commands.’
What of Modyford’s arrest? That took place on 15 August, and for a detailed account we shall turn once again the letter Lynch wrote to Arlington five days later that recounts the whole sordid affair:
But the sending home Sir Thos Modyford a prisoner according to the King’s order troubled him most; he was prepared to come home when told ‘by the by’ lest I should too much exasperate his friends and surprise him that the King expected him. But twelve days since came news by a Bristol man, which by great luck and art he suppressed, that Mr [Chas] Modyford was secured in the Tower, which made Lynch mortally apprehend Sir Thomas’ escape. To prevent which watched himself divers[e] nights. Set guards or rather spies on the boats and at the ports, and last Friday week having ordered Lieutenant Colonel Freeman to come armed, letting none know the reason, Major General Banister and some others very luckily coming to town, he invited them to accompany the Lieutenant Governor to the sea side. In the morning went to Sir Thos Modyford and prayed him to go with them, and that the Lieutenant Governor’s wife should return with him. Modyford excused it, but told him he must enter the boat and go on board the Assistance, where Lynch had something to communicate to him from the King. Called those of the Council into the boat, and being come on board acquainted Modyford with the King’s orders to send him home prisoner. Both he and they were much surprised and troubled. To lessen it, said all he could to him which His Lordship had bid Lynch say, that his life and fortune were in no danger, and that the Lieutenant Governor had orders to pardon all which was a mark Sir Thos Modyford was not such a capital offender, but there was a necessity of the King’s making this resentment for such an unreasonable irruption. Wrote to the same purpose to his son and to Admiral Morgan, who were sick, and to some of the Council in the town, fearing the surprise or fear might occasion some rash actions; but, God be thanked, all remained quiet.13
There are other sources that provide a different perspective. Major General James Bannister, former governor of Surinam, wrote to Lord Arlington on 15 August that ‘Sir Thos Lynch received from him [Modyford] as honourable a reception as could be, which he has ever since continued, being also very forward with his best advice for the good of this island till the very time of his restraint.’14
Surgeon Browne reported that he felt the way in which Lynch handled the affair of making Modyford a prisoner was prudent, especially publishing a proclamation so quickly after the event, which he believed ‘gave good satisfaction to the people who before were much startled.’15
In London, Charles Modyford had been taken prisoner and put in the Tower of London as surety for his father’s good behaviour. This was something that Lynch was not aware of.
With Modyford a prisoner on the Assistance, Lynch was now in charge and he immediately called a council meeting where he showed the members his orders from the king, which were not to be disputed. He did, however, suggest that his ‘manner of carrying out his orders might privately be censured.’
Not only did the king’s orders stop any attempt by the council to rebel but Lynch’s explanation of why he had Modyford imprisoned the way he did helped as well:
Told them there were but three ways of doing what he was commanded, viz, either by taking Modyford’s oath and security to render himself a true prisoner, which he could not do with one whom the King had charged with such crimes; or to have made him a prisoner at town, which was impossible, his own servants being sick, the townsmen partial, and any of Modyford’s desperate friends might have murdered him, and has since heard that two have sworn that had they known Lynch’s intentions they would have cut his throat. But the third and the way taken was the safest. Shows he could not be charged with ingratitude, and that his arguments seemed to satisfy all, and immediately the cause of his imprisonment was published and the King’s pardon, he allowed the Council to confirm the Act by which Morgan was commissioned, which Modyford carries home with him, and gave him a letter certifying that he found in him or the people no disposition to rebel. Has likewise visited him every day aboard and carried him to take the air, and showed him all the civilities imaginable, both to palliate his misfortunes, for two days after his restraint came public news of his son’s imprisonment, and ‘to set myself with those friends of his that might think I was the cause and not the instrument of his misfortunes.’ Before letting him go aboard the Jamaica Merchant that is to bring him home, swore the Captain, Joseph Knapman, with all his crew, and put aboard twelve of the Assistance’s men under Lieutenant Bucke and Mr Fogge, with commission to guard him, if possible right into the Thames; so hopes it will appear he has served the King with all the duty and punctuality imaginable, and that they may blush who have reproached His Lordship for preferring him to this occasion. Did they but know the risks run and the money expended, and the little advantage he is like to have by it, they would pity rather than envy him.16
Lynch had Modyford moved to a merchant vessel, the Jamaica Merchant, which sailed for London on 25 August.
In Europe the political scene had become even more precarious. Within days of the peace treaty signed with Spain in Madrid, Britain had signed a treaty with the Dutch along similar lines but despite this treaty, relations between the two countries were at a low ebb. The prospect was that another war with the Dutch was looming.
On the Spanish throne was the sickly young new King Charles II of the Habsburgs, who was twisted and warped in both body and mind. It was unlikely that this king would produce an heir and Louis XIV of France wanted the Spanish throne. He was waiting for the poor young king to die but to seize the throne he needed an ally. He turned to Britain to support his ambitions and as relations between the French and the Dutch were also unravelling, war was threatening. In secret, King Charles II of Britain signed a treaty with Louis XIV supporting his claim to the Spanish throne and to support France in their war with the Dutch in return for a large payout. Charles could not afford to upset the French or the Spanish; he and his ministers were doing their best to ensure their new allies were placated.
Into this political arena came the news of the raid on Panama and as the details came in of the devastation and cruelties meted out by the buccaneers the Spanish ambassador’s protests in London grew. The fact that Modyford had been arrested was, as far as the Spanish ambassador and the Spanish government were concerned, not good enough. Spain was so incensed at the destruction of Panama that it was considering war.
Fresh orders from Arlington were sent to Lynch for the arrest of Henry Morgan and his immediate transportation back to London. It was hoped that the Spanish might cool down a bit if they knew the architects of the Panama raid were both imprisoned in the Tower of London.
Back in Jamaica Morgan remained in his sickbed and for the first time since arriving, Lynch faced a similar crisis to the one that Modyford had faced more than a year earlier. News coming in from London, Spain and Holland to the merchants in Port Royal talked of an impending attack on Jamaica by the Spanish:
The Church and Grandees of Spain have undertaken to reduce this island with thirty-six sail and 5,000 men. Only fear the port; the island, in probability, is as safe as England. Has had a general council of war, and resolved to defend that place to the last man, and on his own credit, the King or public having no money, is fitting the fort the best they can.17
Because there was no money in the treasury, Lynch was forced to use his own to purchase the stores needed to build the defences of the island, such as buying the material to build fireships. He did not believe the stories and rumours of war were true. After all, why would the Spanish break the peace? He told Arlington that he could not ‘think it is for the Spaniards’ interest to break it, lest we should bring the war again into their quarters.’ He went on to ensure Arlington knew that Lynch would not do anything without explicit direction and since no one from London had sent him any information about war with Spain, Lynch believed that there was little danger, ‘but will be glad to know whether such an invasion would not give them liberty to offend the enemy, without further order from His Lordship.’
However, the council of war did not take such a lackadaisical view as Lynch did of what could be impending war. Instead, the council ordered among other things that ‘a regimental court martial, and put in execution the Act of Militia, ordain places of rendezvous, and times of exercise, and in case of invasion publish and put in execution all the Articles of War, and in fine order within the precincts of the regiment what shall be for His Majesty’s service, and the safety of the island.’18
Shortly after the council of war had met, the instructions for Lynch to arrest Morgan and have him sent back as a prisoner to London arrived. Lynch was taking a defensive posture and not many of the influential people in Jamaica supported it because, in the past, Modyford had taken the offensive posture along with Morgan, taking the fight to the Spanish, which had always been successful. Also, should war come, Lynch was beginning to realize that he might need the privateers to help defend the island.
Just as Modyford had been before, Lynch found himself in a dilemma. While he denounced the lifestyle of the buccaneers, he also realized he needed them. First he gave command of the island’s militia to Major Beeston:
a gentleman of good estate, parts and conduct, for whom the whole island will answer. Has made Prynce [sic] one of the most famous of the privateers, one of his lieutenants, that the Spaniards should see they were willing to serve His Majesty; and was afraid the sending home Morgan might make all the privateers apprehend they should be so dealt with, notwithstanding the King’s proclamation of pardon.19
As for Morgan, Lynch stated that he was unable to send him home because he was still sick. ‘However shall send him home so as he shall not be much disgusted, yet the order obeyed, and the Spaniards satisfied.’
Instead he hoped that Morgan would be ready to sail in six weeks on the Welcome. ‘To speak the truth of him, he’s an honest brave fellow, and had both Sir T. M. and the Council’s commission and instructions, which they thought he obeyed and followed so well that they gave him public thanks, which is recorded in the Council books.’20
In November the banns were called for the youngest of Colonel Edward’s daughters, and Johanna Wilhelmina married Colonel Henry Archbold. By this time Robert Byndloss and his wife, Anna Petronilla, another of Colonel Edward Morgan’s daughters, had produced two sons, Thomas and Charles, who would one day inherit from the estates of Robert Byndloss and Henry Morgan respectively.21 The three men now being brothers-in-law, Morgan, Archbold and Byndloss had a significant amount of power among the most politically active planters.
By the end of 1671 Lynch had made a change that would affect most people, Morgan included. He had called for elections for a house of assembly, something Modyford had not done for six years. Morgan signed an affidavit so he could be involved in the proceedings. The first Assembly sat in the early part of February 1672 and refused to reimburse Lynch for the money he’d spent building up the island’s defences, declaring that was the responsibility of the Crown.
But by the end of March 1672, Morgan, still a sick man, had been arrested and was on his way to London, a prisoner aboard the Welcome per the instructions from Arlington. Lynch had instructed the captain, John Keane, commanding the Welcome, to immediately sail ‘for England, taking under convoy the Lyon of Bristoll, the ketch Golden Hind, and the pink Providence of London, and the doggerboat Johanna: to touch at the first port of England, put ashore the letters and advise Lord Arlington of his arrival: to receive on board Col Henry Morgan as His Majesty’s prisoner.’22
On 6 April the Welcome sailed, with Morgan a prisoner in its leaky and damp hold. In this difficult time for Morgan he did have a friend in Major James Bannister, who wrote to Lord Arlington on 30 March that:
Admiral Henry Morgan is sent home confined in the Welcome frigate, to appear, as it is suspected, on account of his proceedings against the Spaniard. Knows not what approbation he may find there, but he received here ‘a very high and honourable applause for his noble service therein’, both from Sir Thos Modyford and the Council that commissioned him. Hopes without offence he may say ‘he is a very well-deserving person, and one of great courage and conduct, who may, with His Majesty’s pleasure, perform good public service at home or be very advantageous to this island if war should again break forth with the Spaniard.23