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 1,600_l._ by Way of Advance, on or before the 6th Day of November next ensuing.