Chapter 127

Whereas I received an order from your Lordships of the nineth of this instant Aprill, concerning the difference between Generall de Cane and the Marchant Adventurers of Canada, about the Beaver skinns in question betweene them, I have sent for ye said merchants, ye greatest parte whereof appeared before mee at severall tymes, and seemed to bee willing that ye said Generall de Cane should have ye said skynns delivered unto him according to your Lpps. said order by ye said Solomon Smith marshall of ye Admiralty, but amongest the rest of the said merchants Captaine Kirke, who as I am informed hath the custodie of one of the keyes of each warehouse, there being two lockes to either warehouse dore wherein the said skynnes are. Although he hath byn diverse tymes warned never appeared before mee, who is either out of towne or else refuseth to bee spoken with all. So as I perceive the said skinns will not be delivered unto ye said Generall de Cane nor his Assignees untill some further order bee taken by your Lpps. therein, and further I humbly certifie unto your Lpps. that the said Generall de Cane at his last being with mee informed mee that his occasions were such that he cold not staie in England untill such tyme as ye difference betweene him and the said marchants was ended, but wold appoynt one as his Assignee to follow the said buisnes on his behalfe in his absence. In which place hee hath appoynted one Jaques Roynard[836], who appeared before mee and pretendeth his onlie staie in this Kingdome is to see this buisnes ended, which he alleadgeth is an extraordinary hinderance unto him in his affaires. All which I humbly leave unto your Lpps. consideration. This XXVIIIth of Aprill 1630.

JAMES CAMBELL, Mayor.

[Note 836: Kognard, ou Couillard, sieur de Lespinay.]

XI, n. 2.

To the Right Honorable the Lordes and others of his Majesties most Honorable Privy Councell.

The humble Peticion of Generall de Caen. Shewing that according 10/1422 to your Honours Order directed to ye Lord Mayor of this Citty of London he hath proceeded to the sale of ye Beavers, and after divers and many profers and ye highest price offered by your Petr the said Beavers were then adjudged to your Petr who then offered the monyes, demanding the delivery of the said Beavers. But Capt. Kirck and his Company would not deliver the said Beavers nor ye keyes of ye warehowsen, where ye said Beavers are kept, upon any order from the said Lord Mayor to them as may appeare by his annexed Certificat with the protest for ye costes and dommages which ye said Petr hath and doeth suffer.

Humbly therfore he beseecheth your Lpps. (considering your premises and ye injust dealings and tedius frivolous delayes of ye said Capt. Kirck and other adventureres for Canada), would be pleased to ordaine: That ye said Beaver may be speedily delivered to ye said Petr or his assignees, and the said Capt. Kirck and Comp. condempned to pay all costes and dommages which are or shall happen to ye Petr by reason of not delivery of the said Beavers.

AND HE SHALL PRAY, etc.

XI, n. 3.

Knowe all men by theis presentes that on the Twelveth day of April One thousand six hundred and thirty, and in the sixt yeare of the Raigne of our Soveraigne Lord King Charles, etc. Before mee Josue Mainet Notary and Tabellion Publicq, dwelling in this Citty of London by the authority of the said Kinges most ex[t] Majesty. Admitted and sworne and in the presence of the witnesses herunder named personally apeared the noble William de Caen, Lord of La Motte Generall of the Fleete for New-France, and hath required of me the said Notary to summon the Englishe Adventurers of Canada in Comp. with Captaine Kirck to deliver or cause to be delivered the Keyes of the severall Warehowsen where the Beaver skins are layde up which have bin brought from Caneda, and sould unto the said Generall de Caen, and for to have possession of the said Beavers upon the conditions mentioned in the order of his Majesties most honorable Privy Counsell, dated the nynth of this month, And in case of refusall and not delivery of the said Keyes and Beavers upon the conditions aforesaid, the said Generall de Caen hath protesteth and doeth protest by theis presents of Exchange & Rechange and all costes dommages and interestes of the some of six thousand poundes starling, which the said Generall de Caen hath taken up here by Exchange for to pay and deposite for the said Beavers in the handes of the right Worshipfull James Cambell, Lord Mayor of this Citty of London, for to recover all the same of the said Adventureres of Caneda here of their goodes in time or place as of right it shall appertaine. As also for ye spoile and perishing of the said Beavers and loosing of the market for the same, the said Generall de Caen declaring moreover to have given, and doth give by theis presentes full power and authority to James Roynard[837], Sieur d'Espinez his Attorney, to cause the said Beavers to be delivered unto ye Factor of the said Generall de Caen here, who hath the monyes for to pay for ye said Beaveres upon the delivery of the said Beaveres: In Witnes whereof, the said Generall hath herunto set his hand and seale in London, in ye presence of Salomon de Quieuremont and Peter James, Witnesses hereunto required. The register of the the said Notary is thus subscribed de Caen, S, de Quieurmont, Peter James.

[Note 837: Cognard, pour Couillard.]

11/1423 On the thirteenth day of ye said month of Aprill, I the said Notary at the request aforesaid tranaported myselfe unto the persons of Mistris Kirck, widdow of late Jarvis Kirck, in his life time merchant of this Citty of London, and to Captaine David Kirck, his sonne, and William Barkely also of London merchant Adventurers of Caneda, and have required them and every of them to deliver or cause to be delivered to the assignee of the said Generall de Caen, the keyes of the severall Warehousen where the said Beavers are layde up as aforesaid, And then I notified unto them the aforefaid protedt, and showed them the said order from his Majesties honorable privy Councill, Whereupon Mistris Kirck replyed shee had bin long sick, since her late husband's decease, and had not the keyes of the said Warehousen, but was ignorant of those buissineses which shee had comitted to her sons ordering, and the said Capt. David Kirck answered he was not Executor or administrator to his late father, and that he had not ye said keyes. And the said William Barkely having perused and read over the protest and order of ye Councell, answered thereupon that he hath not the said keyes of the said Beavers and therfore cannot delivered them: And on the fowerteenth day of Aprill, I the said Notary having alsoe required of Robert Charleton, also of London merchant and one of the said Adventurers unto whome I have notified the premises and delivered unto him an authentick coppy of the protest and order aforesaid, and I demanded of him the delivery of the said keyes. Whereupon the said Robert Charleton answered that hee neither is or ever was possessed of the said keyes where the said Beavers are kept, and for his part hee wisheth that the said Generall de Caen had the beavers for the price hee offered for them. And finally ye said Robert Charleton said that he canot get his part which he hath in the said Comp. and he doeth not knowe who hath the said keyes, neyther can hee deliver them. Of which severall answers aforesaid, I the said Notary have at the instance of Sieur Despinez made this present Act for to availe the said Generall de Caen as of right shall appertaine, Thus done and passed att London in the presence of William Hill and George Colles, Witnesses thereunto required.

Josua Mainet, Not. Pub.

(_Sur le dos est écrit._)

Requeste de Monsieur de Caen.

(_State Paper Office, Colonial Papers_, vol. V, art. 87.)

XII.

May 18th. 1630.

A letter to the Lord Mayor of London.

Wee have bin informed that notwithstanding the strict directions that have bin given from this Board.

A lettre to the Lord Mayor and Sheriffe of London.

Whereas you have formerly received order from this Board to summmon the Marchants trading for Canada, to deliver the Keyes 12/1414 of the warehouses, where the Beaver skinns remaine unto your Lordshipp upon the depositing of a certaine som of money, which as wee are informed the said Marchants refuse to doe. We doe therefore pray and require your Lopp. etc., to the said Merchants an other summons to deliver the said Keyes, that so the said skins may be delivered unto Generall de Cane upon the depositing of so much money, as was agreed upon by our said former direction which if they refuse now againe to doe upon this second significacion, then wee require, and hereby authorize your Lopp. etc., to breake open the doores of the said warehouses, and to see the Beaver skinns delivered to the said Generall de Cane or his Assignes upon the depositing of the said sume of money as aforesaid, for which this shall your Lopp. etc., sufficient warrant etc., And so etc.

(_State Paper Office, Colonial Papers_, vol. V, art. 92.)

XIII.

Samedie dernier, le Sec(re) du Moulin avec le Sr. de Caen s'estans transportez avec un Sergent & ses deputiez au magasin où les pelleteries qui avoient esté apportées de Canada avoient esté mises soubz le seel par ordonnance du Roy, comme il plaira à Messieurs du Conseil le souvenir, un de la part de Querch seulement & de ses associez s'y estant presenté, il ne feust trouvé audict magasin que trois cens castors & quatre cens orignaitz, par où Monseigneur l'Ambassadeur suplie le Roy & Messieurs de son conseil d'apporter son authorité pour faire reparer & chastier ceste entreprinse dudit Querch & ses associez, d'avoir esté si osez de rompre les cadenatz & le scelle de la Justice & enlever lesdictes pelleteries. Et que pour ceste violence ilz soient condamnez à remettre dedans trois jours en main tierce, les six mil castors quilz ont recogneu avoir apportez de Canada. Et qu'à ce ilz soient contrainctz par emprisonnement de leurs personnes & saisie de tous leurs biens, sans prejudice de plus grande quantité que ledit Sr. de Caen veriffiera quilz ont apporté de Canada, & vendu depuis leur retour à des marchans François pour grandes sommes de deniers.

(_Sur le dos est écrit._)

MEMORIAL Whereby the French Amb. desires that Mr. Capt. Kerke and other bee punished by prison, etc., because they have broken up the Magasin of the goods, brought from Canada, and that they make restitution within three dayes of the 6000. brought from thence, etc. CANADA.

(_State Paper Office, Colonial Papers_, vol. V, art. 96.)

XIV.

Whitehall the second of June 1630.

This day Thomas Fittz Marchant being convented before the Board for a notorious misdemeanor in imbeseling and conveying away certaine Beavor skins, out of a Warehouse wherein they were deposited by way of sequestration under lock hung on by order of the Court of Admiralty, was after examination taken of his 13/1425 Carriage therein, committed to the prison of the Fleete, and it was further ordered, that the examinations taken before the Board, should be transmitted to Master Atturney Generall, who after perusall of them is hereby prayed and required to take strickt examination of the business, aswell to discover who were actors or Abettors anie way in conveying away the said goods, as to whose hands anie parte of the same either in specie or anie parte of the moneyes ariseing upon the sale of them, are come, and how the same hath bin imployed, or disposed of, and by whose direction with all such other circumstances as he shall finde requisit touching the same, and that the Messinger who hath the said Fitz in custodie doe forthwith carry him before Mr. Atturney to the end he may take order for the present producing of the said Fittz, his booke of Account, without which he refuseth (as appeareth in his Examination before the Board) to declare what parte of the money ariseing upon the sale of the said goods he had already received.

Whitehall the 16th. of June 1630.

Upon consideration this day had at the Board of the difference depending betweene Monsr. de Cane a subject of the French Kings and Thomas Pittz and others English Merchants Adventurers to Canada, and upon consideration had in particuler of the great contempt and affront of all authoritie and Justice shewed by the said Fittz, whereunto also it is to be presumed that the rest of his partners were privie and Abettors, It was thought fit and ordered that his Majesties Atturney Generall doe proceede in Starr Chamber against the said Fittz, with all expedition, and that he likewise hasten the Commission agreed on and directed for the examination and discovery of the rest of the Actors or Abettors in the said misdemeanors, and that here of he give their Lordshipps an account at their next sitting on Fryday in the afternoone. Lastly it is thought fitt and ordered that the said Fittz be still continued prisoner in the Fleete. And that the Warden be expressly charged and required not to suffer him at all to goe abroad.

(_State Paper Office, Colonial Papers_, vol. V, art. 97.)

XV

To the right honorable the Lords Comissioners for his Majesties Navie and Admiraltie of England.

The petition of Sr. William Allexander Knight, Capt. David Kerk and others the adventurers in the joynt companie of Canada.

Whereas it pleased his Majesty some three years agoe to give Comission under the great Seale of England to the pet[rs] for planting Colonies in the river of Cannada, and displanting of those who were then his Majesties ennemies in the said Landes, and for the better encouragement and enabling of the pet[rs] to give them by the same Commission sole power to trade with the natives within the Gulfe and river of Cannada: Now the pet[rs] are informed that there are divers shipps bound for the said Gulfe and river without warrant from them and contrary to his Majesties expresse pleasure by his Commission to them, which cannot but turne greatly to the prejudice of his Majesties service and the losse of the pet[rs] And they are particularly 14/1426 enformed of one shipp, called the Whale of London whose owners are Nathaniell Wright and Nathan Wright, the Masters Richard Brewerton and Wolston Goslyn, that is presently ready for the said voyage.

Wherefore they doe humbly entreat your Lordshipps that for the foresaid shipp or any other which upon due information shalbe found to have any such intention contrary to his Majestys Commission to the pet[rs] there may be such course taken that they may be stayed or sufficient assureance given that they will prosecute noe such voyage.

And they shall pray for your Lordshipps.

The Lords Comissioners for ye Admiralty desire ye Lord Viscount Dorchester to be pleased to take this petition into present Consideration, and calling all parties before him to examine how farre ye limitts granted to ye petitioners (by Commission from his Majestie) extend in Latitude and Longitude, and if his Lordshipp shall find that the parties complayned of have intention to goe into those partes contrary to his Majesties Commission their Lordshipps thinke fitt and order that they be staid as is desired.

Wallingford House, 26. Febr. 1630. (8 march 1631.)

EDW. NICHOLAS.

(_Sur le dos est écrit._)

R. 26°. Febr. 1630. Pet. of Sr. Wm. Allexander.

(_State Paper Office, Colonial Papers_, vol. VI, art. 4.)

XVI.

Right trustie and welbeloved Cousins and Counsellors and trustie and welbeloved, Wee greete you well. Whereas wee are informed that there are certaine shippes bound for the gulph and river of Canada, contrarie to a power and comission given by us unto Sr. William Alexander Knight, Jerves Kirk and others therein contained, who by vertue thereof have been at greate Charges in setling and maintaining a Colonie and fort in these boundes, Our pleasure is that upon due information of any Shipp or shippes bound for the said Gulph and river of Canada, contrarie to our former warrant, and without power from the forenamed persons having interest in it you take such speedie course as is requisite for their stay and hinderance till our further pleasure be knowen. For doing whereof these presents shalbe unto you a sufficient warrant. From our Court at Whitehall the[838]

(_Sur le dos est écrit._)

A cont. pt. of a lre. for hinderance of men going to Canada, desired by Sr. W. Alexander, ye 19 of Feb. 1630. (1st. march 1631.)

(_State Paper Office, Colonial Papers_, vol. VI, art. 5.)

[Note 838: Ainsi en blanc dans l'original.]

XVII.

A breife declaration what beaver skinnes Captaine David Kirke and his Companie brought from Canida, in the yeare 1629. and how the Forte of Kabecke was surrendred.

15/1427 That the sayd Captaine Kirke and his companie brought from Canida, the voyage aforesaide but the number of 6253 beaver skinnes.

Deposed upon oath by Capt'aines David and Thos. Kirke, Jn°. Lowe and Th. Wade their factors and pursers fol. I.

That of the saide 6253 beaver skinns they gott and acquired by trade with the natives of Canada 4540.

Deposed upon oath by the same parties fol. I. as also Jacques Reinard Sr. de Espines, Lieutenant to Monsr. de Cane, hath deposed ad 15 interrogator. fol'. 5, that he beleaveth they traded for 4000. beavers and all the other Frenchmen depose that the English traded there for beavers skines.

That Captaine Kirke and his companie had not from the French above the number off 1713 beaver skinnes which with those had in trade as aforesaid maketh upp the number of 6253 skinnes.

Deposed by the said Captaines David and Thomas Kirke, John Lowe and Thomas Wade, fol. I.[839]

[Note 839: Dans le n. 13 du Vol. V, qui ne diffère pas essentiellement du n. 12, on lit de plus: _and M. Champlain governor of the Fort deposeth but of 2500. or 3000 beavers that were therein_, fol. 3.]

That the time when the Fort of Keibecke was surrendred to Captaine Kirke, the French men in the same were in greate want of victualles havinge lived two months before uppon nothinge but bitter rootes.

Deposed by Samuell Shamplin, Leieutenant Goverener, fol. 19, ad. 4, Nicolas Blundell, fol. 22 and Eustacie Boule, Fol. 23.

That the French delivered to Captaine Kirke in exchange for victualls and for theire bringinge into England and sendinge them into France, at his chardges all the beaver skinnes which he had from them.

Proved per contractum, fol. 24. [840]

[Note 840: Le n. 13 porte: _Proved per contractum made at the takeinge in of the Forte_, fol. 8, 9.]

That Captaine Kirke fedd for the space off three or fower months off the French, 100 persons and that those victualls in trucke which the natives would have gayned him more beavor skinnes then att those which he had from the French to the number of 1000.

Deposed by Captaine David Kirke, fol. 27. ad. 9 and 10. Interr.

And whereas there may seeme to be some difference betweene the depositions of the English and French, touchinge the number of beaver skinnes, that difference is thus to be reconsiled, namely that it is to be understood, that the English speake only off such beavers as came to the companies accompt, and the French speake off the whole number of skinnes that they had when the forte was surrendred, not naminge or expressinge what part off the same they themselves enjoyed by the permission off the English hid or imbeazilled, for it is evident by their owne depositions that by the content of the English, some of them had one garment and others two garments of beaver a peece, and Monsr. Shamplin and Monsr, Pountgrave had 227 beavers off those found in the Forte all which by estimation cannot be lesse then a thousand skinnes besides one; Monsr. Culliart now residing in 16/1428 Canida, had 250 of the said beavers which the English paid him for, as by his receipt may appeare and the Frenchmen themselves did privately convay away some beavers and hidd others the number whereof cannot be discovered by reason that by the articles of agreement they were permitted to carry out of the forte what beaver skinnes and others comodities they had, nither is it considered what at such a time both the French and English off the ordinarie people might convay away as pilladg which is impossible for the adventurers to finde out.

(Sur le dos est écrit.)