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."