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.