APPENDIX A

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1. Copy of Grant of Pirates’ Goods

2. Articles of Agreement between Bellamont, Livingstone, and Kidd

3. Kidd’s Sailing Orders


APPENDIX A

1. Copy of Grant of Pirates’ Goods

William the Third, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc., To our Right-trusty and Well-beloved Counsellor, Sir John Somers, Knight, our Keeper of our Great Seal of England, Greeting.

We will and command you, That, under our said Great Seal of England, in your custody being, you cause these our letters to be made forth Patents, in Form following:

William the Third, by the Grace of God, etc., To all to whom these Presents shall come, or may in any wise concern, Greeting. Whereas upon divers Complaints and Informations to Us made, That Thomas Too, John Ireland, Thomas Wake, William Mace, alias Maze, and divers other our Subjects, Natives or Inhabitants of New England, New York, and elsewhere in our Plantations in America, had associated themselves with divers other wicked and ill-disposed Persons, in order to commit, and did frequently commit, many great Piracies, Robberies and Depredations, upon the Seas in the Parts of America, and in other Parts and places; in Violation of the Laws of Nations; to the Obstruction and Discouragement of Trade and Navigation; and to the Loss and Prejudice of our Subjects, and the Subjects of our Friends and Allies; and also to the Dishonouring of our Royal Authority, in case any of our Subjects, guilty of such great and detestable Enormities, should go unpunished; We did, by our Commission under our Great Seal of England, bearing Date the 26th Day of January, in the Seventh Year of our Reign, in order to bring the said Pirates, Free-booters, and Sea Rovers, and their accomplices, to Justice, give and grant full Power and Authority to Captain William Kidd, Commander of the Ship Adventure Galley, and to the Commander of the said Ship for the Time being, to apprehend, seize and take into Custody, the said Thomas Too, John Ireland, Tho Wake, and William Maze, and all other Pirates, Free-booters, and Sea Rovers, of what Nation soever, whom he should find, or meet with, upon the said Coasts or Seas of America, or in any other Seas or Parts, with their Ships and Vessels, and all such Merchandise, Money, Goods, and Wares, as should be found on board of them; and, in case of Resistance, to fight with, and compel the said Pirates, Free-booters, and Sea Rovers, to yield; and them to bring or cause to be brought, to a legal Tryal, to the end they might forthwith suffer condign Punishment, according to their Demerits: And we did also, by the same Commission, require the said Captain William Kidd to keep an exact Journal of his Proceedings, in relation to the Execution of our Royal Pleasure in the said Premises; and therein to set down the Names of such Pirates, and of their Ships and Vessels, as he should, as aforesaid, seize or take; and also to specify the Quantities and Particulars of the Arms, Ammunition, Provision, and Loading, of such Ships, and the true Values thereof: And whereas the said Ship Adventure Galley was, with our Knowledge, and Royal Encouragement, fitted out to Sea, for the Purposes aforesaid, at the great and sole charges of our right trusty and right well-beloved Cousin Richard Earl of Bellamont in the Kingdom of Ireland, and our trusty and well-beloved Edmund Harrison, Merchant, Samuel Newton, Gentleman, William Rowley Gentleman, George Watson Gentleman, and Thomas Renolls, of St. Martins: Now know ye, that We, out of due Regard to the Premises, and being graciously inclined that so chargeable an Undertaking, tending to such good and laudable Ends, should have meet and proper Encouragement and Reward; of our special Grace, certain Knowledge, and mere Motion have given and granted, and by these Presents do give and grant, unto the said Richard Earl of Bellamont, Edmund Harrison, Samuel Newton, William Rowley, George Watson, and Thomas Renolls, their Heirs, Executors, and Assigns, all and whatsoever Ships, Vessels, Goods, and Merchandizes, and Treasure, and other Things whatsoever, which since the Thirtieth Day of April, Anno Domini, 1690, have been taken or seized upon or with, or did belong to, or which shall be taken or seized upon or with, or which do or shall belong to the said Thomas Too, John Ireland, Thomas Wake, Wm. Maze or their Adherents, or any other Pirates, Free-booters, and Sea Rovers, by the said Captain William Kidd, or other Commander of the said Adventure Galley, or which by, or by means of the said Ship or Galley, shall be taken, or forced ashore, in any of our Plantations in America, or other our Dominions; as far as the said Premises, or any of them, do, shall, or may belong to Us, or can or may be granted or grantable by Us, or is or are in our Power to dispose of, in Right of our Crown of England, or as Perquisites of our Admiralty, or otherwise howsoever, and all our Right, Title, Interest, Claim and Demand whatsoever, of, in or unto the same, and every Part thereof; To have, hold, take, receive, and enjoy the said Ships, Vessels, Goods, Merchandizes, Treasure, and all and singular other the Premises hereinbefore-mentioned, and intended to be hereby granted, and every of them, and every Part and Parcel thereof, or such and so many of them, are, can or may be, in any manner granted or grantable by Us, unto the said Richard Earl of Bellamont Edmund Harrison, Sam Newton, Wm. Rowley, George Watson, and Thomas Renolls, their Executors, Administrators and Assigns, to their sole Use and Benefit, and as their own proper Goods and Chattels, without any Account thereof and therefore to be made or rendered to Us, our Heirs and Successors: And We do hereby for Us, our Heirs and Successors, charge and command the Commissioners of our Treasury now being, and the High Treasurer, or Commissioners of our Treasury for the Time being, and all other our officers of our Revenue, our Commissioners for executing the office of Lord High Admiral of England, now, and for the Time being, and all other our Admirals, Vice Admirals, Judge and Judges of our Court and Courts of Admiralty, Governors of all and every our Colonies, Islands and Plantations in America, Magistrates, Officials Military and Civil, and all other our loving Subjects whatsoever, That they be aiding and assisting in all and every matters and Things, as to them respectively shall appertain, as well as to the said Captain Wm. Kidd, in the seizing, apprehending, taking and securing, the said Pirates and their Ships and Vessels, and other the Premises hereinbefore mentioned, and intended to be hereby granted, every or any one of them, and in bringing the said offenders to Justice; as also unto the said Captain Wm. Kidd, and all others whom it may concern, in the seizing, securing, and delivering to them, the said Richard Earl of Bellamont, Edmund Harrison, Samuel Newton, Wm. Rowley, Geo. Watson, and Tho. Renolls, their assigns, Agents, and Servants, all and every the said Ships, Vessels, Goods, Merchandizes, Treasure, and other Things hereinbefore mentioned, and intended to be hereby granted, according to the true Intent and meaning hereof; and in such manner, as may most effectually contribute to the putting in Execution our gracious Intentions in and about the Premises, for and on the behalf of the said Richard Earl of Bellamont, Edmund Harrison, William Newton, William Rowley, Geo. Watson, and Thomas Renolls; And lastly, We do hereby declare and grant, That these our Letters Patents, or the Enrollment thereof, shall be, in and by all Things, firm, good, valid, sufficient, and effectual in the Law, notwithstanding the not naming, or not rightly naming, the Premises, or any Part thereof, or the true Value, or the Nature or Kind thereof; and notwithstanding the not mentioning, or not rightly mentioning, the Names of the said Pirates, Free-booters, and Sea Rovers, or any of them, or of the Possessors of the said Sloops, Vessels, Merchandizes, Goods, Treasure, and Premises, or any Part or Parcel thereof; and notwithstanding the ill naming, or not naming, or any Seas, Havens, Countries, or Places, wherein, or in which, the Premises hereby granted, or any Part or Parcel thereof, is or are, shall or may be found; and notwithstanding any mis-recital, non-recital, Incertainty, Defect, or Imperfection, whatsoever. In witness, etc.,

Witness, etc., Given under our Privy Seal, at our Palace of Westminster, the 30th Day of April, in the Ninth Year of our Reign.

Tho. Watkins.

Recepi vicesimo septimo
Die. Maii 1697

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.

  • Martha Breken
  • John Maddocke
  • John Moulder.

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.

  • Sarah Oakley
  • John Stanley

3. Kidd’s Sailing Orders

London, 25th February, 1695/6.

Captain William Kidd,

You being now ready to sail, I do hereby desire and direct you, that you and your Men do serve God in the best Manner you can: That you keep good Order, and good Government, in your Ship: That you make the best of your Way to the Place and Station where you are to put the Powers you have in Execution: And, having effected the same, You are, according to Agreement, to sail directly to Boston in New England, there to deliver unto me the Whole of what Prizes, Treasure, Merchandizes, and other Things, you shall have taken by virtue of the Powers and Authorities granted you: But if, after the Success of your Design, you shall fall in with any English Fleet bound for England, having good convoy, you are, in such case to keep them Company, and bring all Your Prizes to London, notwithstanding any Covenant to the contrary in our Articles of Agreement. Pray fail not to give Advice, by all Opportunities, how the Galley proves; how your Men stand, what Progress you make; and, in general, of all remarkable Passages in your Voyage, to the time of your Writing. Direct your Letters to Mr. Edmund Harrison. I pray God grant you good Success, and send us a good Meeting again.

Bellamont.


                                                                                                                                                                                                                                                                                                           

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