Kidd being thus equipped, and provided with a commission to act against the French, as well as to make war on certain pirates therein mentioned by name, set sail from Plymouth; but instead of cruising on the coast of America, he directed his course to the East Indies, where he himself turned pirate, and took a rich ship belonging to the Moors.

Having divided his booty with his crew, ninety of whom left him in order to join other adventurers, he burned his own ship and sailed with his prize to the West Indies.

There he purchased a sloop in which he steered for North America, leaving part of his men in the prize, to remain in one of the Leeward Islands until they should receive further instructions.

Arriving on the coast of New York, he sent one Emmet to make his peace with the earl of Bellamont, the governor of that province, who inveigled him into a negotiation, in the course of which he was apprehended.

Then his lordship sent an account of his proceedings to the secretary of state, desiring that he would send for the prisoners to England, as there was no law in that colony for punishing piracy with death, and the majority of the people favoured that practice.