usiness 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