2. Articles of Agreement between Bellamont, Levingston and Kidd

Articles of Agreement, made this 10th Day of October 1695, between the Right Honourable Richard, Earl of Bellamont, of the one Part; and Robert Levingston Esquire, and Captain William Kidd, of the other part.

Whereas the said Captain Kidd is desirous to obtain a Commission as Captain of a private Man of War, in order to take Prizes from the King’s Enemies, and otherwise to annoy them: And whereas also, certain Persons did some time since depart from New England, Rhode Island, New York, and other Parts in America, and elsewhere, with an Intention to become Pirates, and to commit spoils and Depredations against the Law of Nations, in the Red Sea or elsewhere, and to return, with such Goods and Riches as they shall get, to certain Places by them agreed upon, of which said Persons and Places the said Captain Kidd hath Notice, and is desirous to fight with and subdue the said Pirates, as also all other Pirates, with whom the said Captain Kidd shall meet at Sea, in case he be employed to do; And whereas it is agreed between the said Parties, That for the Purposes aforesaid, a good and sufficient Ship to the Liking of the said Captain Kidd, shall be forthwith bought, whereof the said Captain Kidd, is to have the Command. Now these Present witness, and it is agreed between the said Parties:

1. The said Earl of Bellamont doth covenant and agree at his proper charge, to procure from the King’s Majesty, or from the Lords Commissioners of the Admiralty, as the Case shall require, One or more Commissions, impowering him the said Captain Kidd to Act against the King’s Enemies, and to take Prizes from them, as a private man of War in the usual manner; and also to fight with, conquer, and subdue Pirates; and to take them and their Goods, with such other large and beneficial Powers, and Clauses in such Commissions, as may be most proper and effectual in such cases.

2. The said Earl doth covenant and agree, That within Three months after the said Captain Kidd’s departure from England for the Purpose in these Presents mentioned, he will procure, at his proper charge, a Grant from the King, to be made to some indifferent and Trusty Person, of all such Goods, Merchandizes, Treasure and other Things, as shall be taken from the said Pirates, or any other Pirates whatsoever, by the said Captain Kidd, or by the said Ship, or any other Ship or Ships under his Command.

3. The said Earl doth agree to pay Four Fifth Parts, the Whole in Five Parts to be divided, of all Monies, which shall be laid out for the buying such good and sufficient Ship for the Purposes aforesaid, together with Rigging and other Apparel and Furniture thereof, and providing the same with competent Victualing, the said Ship to be approved of by the said Parties; and the said other Fifth Part of the charges of the said Ship to be paid by the said Robert Levingston and William Kidd.

4. The said Earl doth agree, That in order to the speedy buying of the said Ship, and in Part of the said Four Parts of Five of the said Charges, he will pay down the Sum of 1,600l. by Way of Advance, on or before the 6th Day of November next ensuing.

5. The said Robert Levingston and Captain William Kidd do jointly and severally covenant and agree, That on or before the said 6th Day of November, when the said Earl of Bellamont is to pay the said sum of 1,600l. as aforesaid, they will advance and pay down 400l. in Part of the Share and Proportion which they are to have in the said Ship.

6. The said Earl doth agree to pay such further Sum of Money, as shall complete, and make up, the said Four Parts of Five, of the Charges of the said Ship’s Apparel, Furniture and Victualing, unto the said Robert Levingston and William Kidd, within Seven Weeks after the Date of these Presents, and, in the like manner, the said Robert Levingston and William Kidd, do agree to pay such further Sum as shall amount to a Fifth Part of the whole charge of the said Ship, within Seven Weeks after the Date of these Presents.

7. The said Captain Kidd doth covenant and agree to procure and take with him, on board the said Ship, one hundred Mariners and Seamen, or thereabouts, and to make what reasonable and convenient Speed he can to set out to Sea with the said Ship; and to sail to such Places or Parts where he may meet with the said Pirates; and to use his utmost Endeavour to meet with, conquer and subdue the said Pirates, or any other Pirates; and to take from them their Goods, Merchandizes and Treasure; also to take what Prizes he can from the King’s Enemies, and forthwith to make the best of his Way to Boston in New England; and that without touching at any Port or Harbour whatsoever, or without breaking Bulk, or diminishing any Part of what he shall take or obtain, on any Pretence whatsoever; of which he shall make Oath, in case the same shall be desired by the said Earl of Bellamont; and there to deliver the same into the hands or Possession of the said Earl.

8. The said Captain Kidd doth agree, That the Contract and Bargain which he will make with the said Ship’s Crew, shall be, No Purchase, No Pay; and not otherwise: And that the Share and Proportion which his said Crew shall, by such Contract, have of such Prizes, Goods, Merchandizes, and Treasure, as he shall take as Prize, or from any Pirates, shall not, at the most, exceed a Fourth Part of the same; and shall be less than a Fourth Part, in case the same may reasonably and conveniently be agreed upon.

9. The said Robert Levingston, and Captain Wm. Kidd, do jointly and severally agree with the said Earl of Bellamont, That in case the said Captain Kidd do not meet with the said Pirates, which went from New England, Rhode Island, New York, or elsewhere, as aforesaid; or do not take from any other Pirates, or from any the King’s Enemies, such Goods, Merchandizes, or other Things of Value, as being divided as hereinafter is mentioned, shall fully recompense the said Earl, for the monies by him expended in buying the said Four Fifth Parts of the said Ship and Premises; that then they shall refund and repay to the said Earl of Bellamont, the whole Money by him to be advanced, in Sterling Money, or Money equivalent thereunto, on or before the 25th Day of March which shall in the Year of our Lord 1697; the Danger of the Seas, and of the Enemy, and Mortality of the said Captain Kidd, always excepted: Upon Payment whereof, the said Robert Levingston and Captain Kidd are to have the sole Property in the said Ship and Furniture; and this Indenture to be delivered up to them, with all other Covenants and obligations thereunto belonging.

10. It is agreed between the said Parties, That as well the Goods, Merchandizes, Treasure and other Things which shall be taken from the said Pirates, or any Pirates, by the said William Kidd, as also all such Prizes as shall be by him taken from any of the King’s Enemies, shall be divided in manner following; that is to say, Such Part as shall be for that Purpose agreed upon by the said Captain Kidd, so as the same do not in the Whole exceed a Fourth Part, shall be paid or delivered to the Ship’s Crew, for their Use; and the other Three Parts to be divided into Five equal Parts, whereof the said Earl is to have, to his own Use, Four full Parts, and the other Fifth Part is to be equally divided between the said Robert Levingston and the said Wm. Kidd; and is to be paid and delivered them by the said Earl of Bellamont, without Deduction or Abatement or any Pretence whatsoever. But it is always to be understood, that such Prizes as shall be taken from the King’s Enemies, are to be lawfully adjudged Prizes, in the usual manner before any division, or otherwise intermeddling therewith, than according to the true Interest of the same Commission, to be granted in that behalf.

Lastly, it is covenanted and agreed between the Parties to these Presents, That in case the said Captain Wm. Kidd do bring to Boston aforesaid, and there deliver to the Earl of Bellamont, Goods, Merchandizes, Treasure and Prizes to the Value of 100,000l. or upwards, which he shall have taken from the said Pirates, or from other Pirates, or from the King’s Enemies; that then the Ship which is now speedily to be bought by the said Parties, shall be and remain to the sole Use and Behoof of him the said Captain Kidd, as a Reward and Gratification for his Good Service therein.

Bellamont.

Memorandum.

Before the Sealing and Delivery of these Presents, it was covenanted and agreed by the said Earl of Bellamont with the said Robert Levingston Esquire and Captain William Kidd That the Person to whom the Grant above-mentioned in these articles shall be made by his Majesty, shall within Eight Days at the most, after such Grant has passed the Great Seal of England, assign and transfer to each of them, the said Robert Levingston Esquire, and Captain William Kidd, respectively, their Heirs and Assigns, One full Tenth Part (the Ship’s Crew’s Share and Proportion being first deducted) of all such Goods, Treasure or other Things, as shall be taken by the said Captain Kidd, by virtue of such Commission as aforesaid: And the said Grantee shall make such Assignment as aforesaid, in such manner as by the said Robert Levingston Esquire, and Captain William Kidd, or their Counsel learned in the Law, shall be reasonably devised and required: And then these Presents were sealed and delivered, the Sixpenny Stamp being first affixed, in the Presence of us.

Whereas the necessary Fitting, Equipping and Outset, of the Adventure Galley, bought by the above-mentioned Wm. Kidd, in pursuance of these Articles, could not be completely finished and perfected within the time thereby limited; and consequently, that all the several Sums of Money, therein covenanted to be paid were not actually paid by all or any the Parties to the above-written Covenants and Agreements, within the Time thereby expressed, limited and directed; but that, nevertheless, all the said Sums have since been paid; and the Ship bought for the Voyage and Design expressed in these Articles, is now completely fitted out and provided with all Things necessary, and lies ready to depart, and that also the several Commissions have been obtained by the Earl of Bellamont. It is hereby further mutually declared, covenanted and agreed, by and between the abovesaid Right honourable Richard Earl of Bellamont, and Robert Levingston, and William Kidd, on behalf of themselves, and all others concerned therein, That, notwithstanding the Delay in the Dispatch of the said Ship or Galley, and of the Payments of the Monies expressed in the above-mentioned Agreement, that, yet, nevertheless, all and singular the several Agreements, articles and Clauses, therein mentioned and intended, as hereby declared to be, and are and shall be and remain in as full Force and Virtue, as if the said Ship, and all the Sums of money, had been actually paid within the time limited and directed by the said Articles, anything therein to contrary notwithstanding.

Dated in London, the 20th Day of February 1695/6.

Bellamont.

Witness present at the Signing and Sealing thereof.