"Gabriel Monville, Esq. and Thomas Willet, Esq. are appointed to attend the House of Representatives and acquaint them of the many good services done to this Province by Captain William Kidd in his attending here with his Vessels before His Excellency's[1] arrival, and that it would be acceptable to His Excellency and this Board that they consider of some suitable reward to him for his good services."

This indicates that Captain Kidd had been in command of a small squadron engaged in protecting the commerce of the colony. On May 14, the following was adopted by the House of Representatives:

"Ordered, that His Excellency be addressed unto, to order the Receiver General to pay to Captain William Kidd, One Hundred and Fifty Pounds current money of this Province, as a suitable reward for the many good services done to this Province."

In June, only a month after this, Captain Kidd was asked by the Colony of Ma.s.sachusetts to punish the pirates who were pestering the shipping of Boston and Salem. The negotiations were conducted in this wise:

_By the Governor and Council._

Proposals offered to Captain Kidd and Captain Walkington to encourage their going forth in their Majesties' Service to suppress an Enemy Privateer now upon this Coast.

That they have liberty to beat up drums for forty men apiece to go forth on this present Expedition, not taking any Children or Servants without their Parents' or Masters' Consent. A list of the names of such as go in the said Vessels to be presented to the Governor before their departure.

That they cruise upon the Coast for the s.p.a.ce of ten or fifteen days in search of the said Privateer, and then come in again and land the men supplied them from hence.

That what Provisions shall be expended within the said time, for so many men as are in both the said Vessels, be made good to them on their return, in case they take no purchase;[2] but if they shall take the Privateer, or any other Vessels, then only a proportion of Provisions for so many men as they take in here.

If any of our men happen to be wounded in the engagement with the Privateer, that they be cured at the public charge.

That the men supplied from hence be proportionable sharers with the other men belonging to said Vessels, of all purchase that shall be taken.

Besides the promise of a Gratuity to the Captains, Twenty Pounds apiece in money.

Boston, June 8th, 1691.

To this thrifty set of terms, Captain Kidd made reply:

"_Imprimis_, To have forty men, with their arms, provisions, and ammunition.

"_2dly_. All the men that shall be wounded, which have been put in by the Country, shall be put on sh.o.r.e, and the Country to take care of them. And if so fortunate as to take the Pirate and her prizes, then to bring them to Boston.

"_3rdly_. For myself, to have One Hundred Pounds in money; Thirty Pounds thereof to be paid down, the rest upon my return to Boston; and if we bring in said Ship and her Prizes, then the same to be divided amongst our men.

"_4thly_. The Provisions put on board must be ten barrels Pork and Beef, ten barrels of Flour, two hogsheads of Peas, and one barrel of Gunpowder for the great guns.

"_5thly_. That I will cruise on the coast for ten days' time; and if so that he is gone off the coast, that I cannot hear of him, I will then, at my return, take care and set what men on sh.o.r.e that I have had, and are willing to leave me or the Ship."

These records serve to show in what esteem Captain Kidd was held by the highest officials of the Colonies. Such men as he were sailing out of Boston, New York, and Salem to trade in uncharted seas on remote coasts and fight their way home again with rich cargoes. They hammered out the beginnings of a mighty commerce for the New World and created, by the stern stress of circ.u.mstances, as fine a race of seamen as ever filled cabin and forecastle.

[Ill.u.s.tration: The Idle Apprentice goes to sea. (From Hogarth's series, "Industry and Idleness.")]

On the sh.o.r.e of this reach of the Thames, at Tilbury, is shown a gibbeted pirate hanging in chains, just as it befell Captain William Kidd.

In the year 1695, Captain Kidd chanced to be anch.o.r.ed in London port in his brigantine _Antigoa_, busy with loading merchandise and shipping a crew for the return voyage across the Atlantic. Now, Richard Coote, Earl of Bellomont, an ambitious and energetic Irishman, had just then been appointed royal governor of the Colonies of New York and Ma.s.sachusetts, and he was particularly bent on suppressing the swarm of pirates who infested the American coast and waxed rich on the English commerce of the Indian Ocean. Their booty was carried to Rhode Island, New York, and Boston, even from far-away Madagascar, and many a colonial merchant, outwardly the pattern of respectability, was secretly trafficking in this plunder.

"I send you, my Lord, to New York," said King William III to Bellomont, "because an honest and intrepid man is wanted to put these abuses down, and because I believe you to be such a man."

Thereupon Bellomont asked for a frigate to send in chase of the bold sea rogues, but the king referred him to the Lords of the Admiralty who discovered sundry obstacles bound in red tape, the fact being that official England was at all times singularly indifferent, or covertly hostile, toward the maritime commerce of her American colonies. Being denied a man-of-war, Bellomont conceived the plan of privately equipping an armed ship as a syndicate enterprise without cost to the government. The promoters were to divide the swag captured from pirates as dividends on their investment.

The enterprise was an alluring one, and six thousand pounds sterling were subscribed by Bellomont and his friends, including such ill.u.s.trious personages as Somers, the Lord Chancellor and leader of the Whig party; the Earl of Shrewsbury, the Earl of Orford, First Lord of the Admiralty; the Earl of Romney, and Sir Richard Harrison, a wealthy merchant. According to Bishop Burnet, it was the king who "proposed managing it by a private enterprise, and said he would lay down three thousand pounds himself, and recommended it to his Ministers to find out the refit. In compliance with this, the Lord Somers, the Earl of Orford, Romney, Bellomont and others, contributed the whole expense, for the King excused himself by reason of other accidents, and did not advance the sum he had promised."

Macauley, discussing in his "History of England" the famous scandal which later involved these partners of Kidd, defends them in this spirited fashion:

"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 p.r.o.ne 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 circ.u.mstances 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 t.i.tle 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.

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 doc.u.ment 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 n.o.ble partners:

WILLIAM REX.

WILLIAM THE THIRD, by the Grace of G.o.d, 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 a.s.sociated 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 a.s.sociated 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 a.s.sisting 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 quant.i.ty 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.