The Book of Buried Treasure. Ralph D. Paine
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,5 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.
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.
The Adventure Galley, the ship selected for the cruise, was of 287 tons and thirty-four guns, a powerful privateer for her day, which Kidd fitted out at Plymouth, England. Finding difficulty in recruiting a full crew of mettlesome lads, he sailed from that port for New York in April of 1696, with only seventy hands. While anchored in the Hudson, he increased his company to 155 men, many of them the riff-raff of the water-front, deserters, wastrels, brawlers, and broken seamen who may have sailed under the black flag aforetime. It was a desperate venture, the pay was to be in shares of the booty taken, "no prizes, no money," and sober, respectable sailors looked askance at it. Kidd was impatient to make an offing. Livingston and Bellomont were chafing at the delay, and he had to ship what men he could find at short notice.
The Adventure Galley cruised first among the West Indies, honestly in quest of "pirates, freebooters and sea rovers," and not falling in with any of these gentry, Kidd took his departure for the Cape of Good Hope and the Indian Ocean. This was in accordance with his instructions, for in the preamble of the articles of agreement it was stated that "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 pyrate and to commit spoyles and depredations in the Red Sea and elsewhere, and to return with such riches and goods as they should get to certain places by them agreed upon, of which said persons and places the said Captain Kidd hath notice."
This long voyage was soundly planned. Madagascar was the most notorious haunt of pirates in the world. Their palm-thatched villages fringed its beaches and the blue harbors sheltered many sail which sallied forth to play havoc with the precious argosies of the English, French, and Dutch East India Companies. Kidd hoped to win both favor and fortune by