It is apparent from these singular articles of agreement that Robert Livingston, in the role of Kidd's financial backer, was willing to run boldly speculative chances of success, and was also confident that a rich crop of "pyrates" could be caught for the seeking. If Kidd should sail home empty-handed, then these two partners stood to lose a large amount, by virtue of the contract which provided that Bellomont and his partners must be reimbursed for their outlay, less the value of the ship itself. Livingston also gave bonds in the sum of ten thousand pounds that Kidd would be faithful to his trust and obedient to his orders, which in itself is sufficient to show that this shipmaster was a man of the best intentions, and of thoroughly proven worth.
Captain Kidd's privateering commission was issued by the High Court of Admiralty on December 11, 1695, and licensed and authorized him to "set forth in war-like manner in the said ship called the Adventure Galley, under his own command, and therewith, by force of arms, to apprehend, seize, and take the ships, vessels, and goods belonging to the French King and his subjects, or inhabitants within the dominion of the said French King, and such other ships, vessels, and goods as are or shall be liable to confiscation," etc.
This document was of the usual tenor, but in addition, Captain Kidd was granted a special royal commission, under the Great Seal, which is given herewith because it so intimately concerned the later fortunes of his noble partners:
WILLIAM REX.
WILLIAM THE THIRD, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, etc. To our trusty and well beloved Captain William Kidd, Commander of the ship Adventure Galley, or to any other, the commander of the same for the time being, GREETING:
Whereas, we are informed that Captain Thomas Tew, John Ireland, Capt. Thomas Wake, and Capt. William Maze, and other subjects, natives, or inhabitants of New York and elsewhere, in our plantations in America, have associated themselves with divers other wicked and ill-disposed persons, and do, against the law of nations, commit many and great piracies, robberies, and depredations on the seas upon the parts of America and in other parts, to the great hindrance and discouragement of trade and navigation, and to the great danger and hurt of our loving subjects, our allies, and of all others navigating the seas upon their lawful occasions,
NOW, KNOW YE, that we being desirous to prevent the aforesaid mischief, and as much as in us lies, to bring the said pirates, freebooters, and sea rovers to justice, have thought fit, and do hereby give and grant to the said Robert Kidd (to whom our Commissioners for exercising the office of Lord High Admiral of England have granted a commission as a private man-of-war, bearing date of the 11th day of December, 1695), and unto the Commander of the said ship for the time being, and unto the Officers, Mariners, and others which shall be under your command, full power and authority to apprehend, seize, and take into your custody, as well the said Captain Tew, John Ireland, Capt. Thomas Wake, and Capt. William Maze, or Mace, and all such pirates, freebooters, and sea rovers, being either our subjects or of other nations associated with them, which you shall meet with upon the seas or coasts of America, or upon any other seas or coasts, with all their ships and vessels, and all such merchandizes, money, goods, and wares as shall be found on board, or with them, in case they shall willingly yield themselves up, but if they will not yield without fighting, then you are by force to compel to yield.
And we also require you to bring, or cause to be brought, such pirates, freebooters, or sea rovers as you shall seize, to a legal trial to the end that they may be proceeded against according to the law in such cases. And we do hereby command all our Officers, Ministers, and others our loving subjects whatsoever to be aiding and assisting you in the premises, and we do hereby enjoin you to keep an exact journal of your proceedings in execution of the premises, and set down the names of such pirates and of their officers and company, and the names of such ships and vessels as you shall by virtue of these presents take and seize, and the quantity of arms, ammunition, provisions, and lading of such ships, and the true value of the same, as near as you judge.
And we do hereby strictly charge and command, and you will answer the contrary to your peril, that you do not, in any manner, offend or molest our friends and allies, their ships or subjects, by colour or pretense of these presents, or the authority thereof granted. In witness whereof, we have caused our Great Seal of England to be affixed to these presents. Given at our Court in Kensington, the 26th day of January, 1696, in the seventh Year of our Reign.
It was privately understood that the King was to receive one-tenth of the proceeds of the voyage, although this stipulation does not appear in the articles of agreement. By a subsequent grant from the Crown, this understanding was publicly ratified and all money and property taken from pirates, except the King's tenth, was to be made over to the owners of the Adventure Galley, to wit, Bellomont and his partners, and Kidd and Livingston, as they had agreed among themselves.