"The worst that could be imputed even to Bellomont, who had drawn in all the rest, was that he had been led into a fault by his ardent zeal for the public service, and by the generosity of a nature as little prone to suspect as to devise villainies. His friends in England might surely be pardoned for giving credit to his recommendations. It is highly probable that the motive which induced some of them to aid his designs was a genuine public spirit. But if we suppose them to have had a view to gain, it would be legitimate gain. Their conduct was the very opposite of corrupt. Not only had they taken no money. They had disbursed money largely, and had disbursed it with the certainty that they should never be reimbursed unless the outlay proved beneficial to the public."
It would be easy to pick flaws in this argument. Bellomont's partners, no matter how public spirited, hoped to reimburse themselves, and something over, as receivers of stolen goods. It was a dashing speculation, characteristic of its century, and neither better nor worse than the privateering of that time. What raised the subsequent row in Parliament and made of Kidd a political issue and a party scapegoat, was the fact that his commission was given under the Great Seal of England, thus stamping a private business with the public sanction of His Majesty's Government. For this Somers, as Lord Chancellor, was responsible, and it later became a difficult transaction for his partisans to defend.
There was in London, at that time, one Robert Livingston, founder of a family long notable in the Colony and State of New York, a man of large property and solid station. He was asked to recommend a shipmaster fitted for the task in hand and named Captain Kidd, who was reluctant to accept. His circumstances were prosperous, he had a home and family in New York, and he was by no means anxious to go roving after pirates who were pretty certain to fight for their necks. His consent was won by the promise of a share of the profits (Kidd was a canny Scot by birth) and by the offer of Livingston to be his security and his partner in the venture.
An elaborate contract was drawn up with the title of "Articles of Agreement made this Tenth day of October in the year of Our Lord, 1695, between the Right Honorable Richard, Earl of Bellomont, of the one part, and Robert Livingston Esq., and Captain William Kidd of the other part."
In the first article, "the said Earl of Bellomont 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 may 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 pyrates, and to take them and their goods, with such large and beneficial powers and clauses in such commissions as may be most proper and effectual in such cases."
Bellomont agreed to pay four-fifths of the cost of the ship, with its furnishings and provisions, Kidd and Livingston to contribute the remainder, "in pursuance of which Bellomont was to pay down 1600 pounds on or before the 6th of November, in order to the speedy buying of said ship." The Earl agreed to pay such further sums as should "complete and make up the said four parts of five of the charge of the said ship's apparel, furniture, and victualling, within seven weeks after date of the agreement," and Kidd and Livingston bound themselves to do likewise in respect of their fifth part of the expense. Other articles of the agreement read:
"7. The said Captain Kidd doth covenant and agree to procure and take with him on board of the said ship, one hundred mariners, or seamen, or thereabout, and to make what reasonable and convenient speed he can to set out to sea with the said ship, and to sail to such parts and places where he may meet with the said Pyrates, and to use his utmost endeavor to meet with, subdue, and conquer the said Pyrates, and to take from them their goods, merchandise, and treasures; 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 other port or harbor whatsoever, or without breaking bulk, or diminishing any part of what he shall so take or obtain; (of which he shall make oath in case the same is desired by the said Earl of Bellomont), 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,[[3]] no pay, and not otherwise; and that the share and proportion which his said crew shall, by such contract, have of such prizes, goods, merchandise and treasure, as he shall take as prize, or from any Pyrates, 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. Robert Livingston Esq. and Captain William Kidd agree that if they catch no Pyrates, they will refund to the said Earl of Bellomont all the money advanced by him on or before March 25th, 1697, and they will keep the said ship."
Article 10 allotted the captured goods and treasures, after deducting no more than one-fourth for the crew. The remainder was to be divided into five equal parts, of which Bellomont was to receive four parts, leaving a fifth to be shared between Kidd and Livingston. The stake of Captain Kidd was therefore to be three one-fortieths of the whole, or seven and one-half per cent. of the booty.