Chapter 128

Breviat of ye businesse of Kebeck as was brought me by one of ye Canada companie, ye 2. (12) of May, 1631. with a note of the Beaver skinnes taken and bought by Capt. Kerke in Canada.

(_State Paper Office, Colonial Papers_, vol. VI, art. 12.)

XVIII.

27 May (6 June) 1631.

Captaine David Kirke sworne and examined before the right worshipfull Sr. Henry Martin Knight, Judge of his Majesties high Court of the Admiralty uppon certaine Interrogatoryes answereth thereto as followeth.

To the first Interrogatory hee sayeth That true it is, That he was Imployed cheife Comander in two voyages into Canida, in the yeares 1628. and 1629. and the first of those voyages he was sett forth and ymployed at the Chardges of his late father Gervase Kirke and others merchantes of London, and the last of those voyages at the chardges of Sr. William Alexander the yonger, the sayde Gervase Kirke and others theire partners. And this hee affirmeth uppon his oath to be true.

To the second he sayeth That in the first of the said voyages, he tooke from the French all the Country of Canida that they had in possession, except the fort of Cabecke.

To the third he sayeth That in the last voyage when he tooke the sayd fort of Cabecke he had not any notice or knowledge of the late peace concluded betweene England and France.

To the fowerth he sayeth That in the sayde last voyage wherein he tooke the sayde fort of Cabecke, he had a Comission under the broade seale of England, authorizinge him to transplant the French at Canida, and utterly to expell them from that country.

To the fift he sayeth That in the sayd last voyage in the river of Canida he mett whit a French pinnace whereof Emery de Cane was Comander, and that pinnace assalted this examinates shallops and shott at them before this examinate began fight with her. And that pinnace did kill two of this examinates company and hurt and maymed twelve or sixteene others of them.

To the sixt he sayeth That the beaver and ottar skynnes now in sequestration under the lockes of the Admiraltye are the same that this examinate had by trade with the natives of Canida, and by composition from the French for victualls given them accordinge to that composition.

To the seaventh he sayeth that the French at the tyme of the 17/1429 renderinge of the forte of Cabecke did bringe out of the same which they sould and disposed to theire owne use betwixt seaven and eight hundred beaver skinns, of which the greatest part they sould to the English here in England.

To the 8th he sayeth that when this examinates men returned from the takinge of the sayde forte, this examinate would have taken some beaver skynnes from them which they desired him not to doe, because (as they did constantly affirme to him) they had bought part of them of the French in exchange of apparrell, and the rest they founde in ditches and in the wood where the french had hid them.

To the nynth and tenth he sayeth That there was not in the sayde forte at the tyme of the rendition of the same to this examinates knowledge any victualls, save only one tubb of bitter rootes, and he sayeth uppon his oath, That for the victualls which he gave the French to releive them in Canida and homewards accordinge to Composition, he might have hade in trucke with the natives of that country more beavers by a thousand then he had out of the sayde fort of Cabecke. And this he affirmeth uppon his oath to be true, Further addinge that with his owne victualls he fedd of the French by the space of three or fower monthes at the least one hundred persons, and payde for theire victualls in England and freighted and victualled them a shipp and therein sent them from England to France according to the sayde composition.

(_State Paper Office, Colonial Papers_, vol. VI, art, 15.)

XIX.

Monsr.

Monsr. d'Espiné m'a faict savoir ce qui se pane. J'entendz par la vostre qu'aportez de bon vin. J'eusse eue grandement aize que feussiez venu d'un aultre fasson, pour vous monstrer que je ne suis pas tel qu'il a esté raporté à Monsr. vostre cousin. Ou que j'eusse esté vostre prisonnier, ou à moy l'honneur de vous estre serviteur, j'entendz que nos deux Majestez sont d'acort. S'il vous plaist venir icy sur vostre Commission, vous recepverez ce que esperez de celuy qui est

Monsr.

Vostre très affectionné,

KIRCK.

Je, Emery de Caen, Capitaine de la Marinne, commandant le navire nommé le _Don de Dieu_, suivant le congé qu'il a pleu à Monseigneur le Cardinal de Richelieu, Grand Maistre, Chef & sur Intendant de la Navigation & Commerce de France, donner au sieur Guillaume de Caen, cy devant Général de la flotte de la Nouvelle France, pour envoyer un navire à ladiste Nouvelle, traister avec les sauvages, recepvoir les debtes qu'il luy seroyent deubz, ledist sieur de Caen s'il en auroit donné le commandement, & estant arrivé à l'isle d'Orléans, près l'habitation de Québec, audist païs. J'aurois envoyé Jacques Cognard, sieur de l'Espinay, porter la coppye de mon dist congé à une signification dudist sieur de Caen, ensemble ma signification & protestation au bas, en datte du quatriesme jour de Juillet mil six cens trente un, au Capitaine Louis 18/1430 Kearke, Commandant pour le Roy de la Grand Bretagne, du fort & habitation du dist Québec, lequel m'avoit mandé pouvoir venir par ma commission, ce que j'aurois faist, & trois jours après mon arrivée audict lieu il m'auroit faist mettre noz voilles, mousquets & piques dans la dicte habitation. Et ayant parlé par plusieurs fois audist sieur Gouverneur & aux commis de la compagnye d'Angleterre, pour nous accorder pour faire la Traitte par ensemble pour esvitter aux desordres qui eussent peu arriver. Nous aurions en fin traitté l'un avec l'aultre pour pain, poix & aultres marchandises, des Castors & peaux d'orignal passez & grains de pourcelaine, lesquels castors & peaux ont esté mis en leur magasin pour les separer entre eux & nous. Et ne m'auroyent desfendu la traitte ny donné empeschement jusques au jour d'hier que les Hurons sont arrivez avec quantité de castors & aultres peletries, ilz m'auroyent envoyé leur principal commis, nommé Jehan Loo, me signifier une article comprise dans l'ordre qu'ilz ont de leur compagnye, signée de Monsieur le chevallier Guillaume Alexandre & le Capitaine David Kearke, cy devant général de la flotte Angloise pour le dist païs, pour & au nom de toute la compagnye, par laquelle ilz ordonnent de prendre & saisir tous navires qui traitteroyent dans le dist païs. Et prendre leurs castors jusques à fin de traitté, & auroyent mis dans mon dit navire & barque plusieurs de leurs gens sans m'avoir laissé aulcun exploict de la dicte signiffication, pour m'empescher de traitter mes marchandises avec lesdistz sauvages. Et deffence à moy de ce faire, encore que je leur aye remonstré & dit que le païs appartenoit au Roy mon souverain Seigneur & Maistre, Et que j'avois droist de traitter sans aucun contredit ny empeschement, suivant ma commission de mon dit Seigneur le Cardinal, & qu'ilz ne me montroyent aucune commission du Roy de la Grande Bretagne, pour me prendre, & empescher la traitte, eux ayans la force à la main, & desirant entretenir le pais, de ma part ay protesté cy devant & de rechef proteste pour le susdict Général de Caen & assossiez contre le sieur Gouverneur Kearke, & capitaine des vaisseaux leurs bourgeois & adventureurs en général, & chacun en leur propre & privé nom, de les faire respondre de tous despans, domages & interestz soufferts & à souffrir pour l'arrest & empeschement qu'ilz me font de la vente & traitté de mes marchandises dont je leur en donneray facture, comme de la prinse des castors que j'avois traittés cy devant. Faist dans le navire nommé le _Don de Dieu_, devant le fort & habitation de Québec, le vingt deulxiesme jour d'aoust mil six cens trente un, presence de Michel Morieu, Maistre dudist navire, Jacques Cognard sieur de l'Espinay, Olivier le Tardif, Jacques Barbault & Jacques Ferment, officiers du dist navire. Signé Emery de Caen, Michel Morieult, de l'Espinay, Tonnent, Jacques Barbault, Charles Mons, Dereau dit St Amours, le Merc de Jean Hanin, Chalot Poullain de Mury, Le Juif, Pierre Rousseau, Le Tardif, Le Merc de Jehan Crocquet, Jehan Tontain & le Merc de Nicolas Gomme.

(_State Paper Office, Colonial Papers_, vol. VI, art. 23.)

19/1431

XX.

[L. S.]

At Whitehall, the 14th. of October 1631.

Present:

Lo. Keeper Lo. Trea[r]. Lo. Privy Seale Ea. Marshall Ea. of Kelley Lo. V. Falkland Lo. Bp. of London Mr. Secr. Coke.

Whereas Captaine Kirke and others the adventurers to Canada, did humbly shewe to the Board, that they having the sole Trade into those partes graunted unto them, prohibiting all others to trade thether, That neverthelesse divers persons viz. John Baker, James Ricrofte, Captaine Eustace Man, Henry West and others, have as Interlopers presumed to trade thether, carrying away a great parte of the said trade, to the great dammage and disablement of the said Adventurers to maintaine theire Collonie there for defence of the said Island or to proceede in the said Trade. Forasmuch as the said persons were thereupon this day convented before the Board some of the said Adventurers being then also present, And upon Entrance into the hearing of the Cause however the said Information in the generall appeared to be true, Yet for that the Examination of divers particulars objected on either parte, required a further tyme then the leasure of the board could permit. Their Lordshipps did thincke fitt and order that the further examination hereof be referrd to Mr. Sergt. Barkeley, Sr. Willm. Beecher and Mr. Nicholas, authorizing and requiring them to call for and peruse, all such writings, letters, Charter parties and Bookes of Account as they shall think fitt; As likewise to call before them and examine all such persons as they shall find cause, aswell for the finding out of the contemptuous carriage of the persons complainde of, as for the discoverie of the particular goodes and comodities and the true vallue of the same, by them brought from thence. And thereupon to make certificate to the Board, to the end such further order may be given as shalbe requisite. Lastly it is ordered that the persons complainde of shall enter into sufficient Bond to his Majestys use before the Clarke of the Councell attendant, not to sett out from henceforth any more Shipps to trade thether without lycence from his Majestie, or this Board. And shall give theire attendance de die in diem and not departe the Towne untill further order which Bond if they shall refuse to enter into, then to stand comitted to the custodie of a Messenger untill they shall conforme themselves.

Ext. T. Meantys.

(_Sur le dos est écrit._)

Canada 14th. Octob. 1631. Lo[dds] of ye Councells order of Reference concerning examinations of ye contempt ag[t] ye company of Canada.

(_State Paper Office, Colonial Papers_, vol. VI, art. 27.)

20/1432

XXI.

May it please your Lopps.

We having herewith returned the examinations which we have taken according to your Lopps. order of the 14th of October last upon the Complaint of the Adventurers to Canada wherein we make bould to observe unto your Lopps. that James Ricroft named in your Lopps. order (who was imployed as pylott and merchant in his voyage complained of) had bene imployed in a former voyage by ye Adventurers of Canada, and that (but by that imployment) he had noe knowledge of that Coast; We likewise finde by other circumstances that he was not ignorant that ye Forte of Kebecke in those partes was taken and mayntained by ye said Adventurers, the charge whereof is apparent they could not undergoe but by the benefitt of their trade there; Wee likewise finde that at his last arrival there notice was given him from the said Adventurers that he ought not to trade there, to which notwithstanding he would not conforme: And such notice is proved by a letre subscribed by hymselfe which lre. we herewith returne, But the said Ricroft utterly denieth thatt he subscribed the said lettre although it were by two witnesses to his face attested to us to be signed by himselfe, And further it appeares unto us by ye examination of Capt. Vincent Harris that the said Ricroft was not only an encourager of these merchants to undertake that voyage, but his carriage there did discourage the natives to trade with the Adventurers.

As for Baker the Mr. of the Eliz complained of and Eustace Man (one of the owners and merchants of that shippe) albeit the notoriousnes of the actions of the Adventurers to Canada doth give a suspicion that they were not ignorant of his Majesties pleasure for their sole trade into those partes, yet by their examinations they deny any manner of notice of his Majesties pleasure or other order for ye Adventurers sole trade.

And for Henry West mentioned in your Lopps. order it was alleadged to us that he was sicke and could not come to be examyned.

We have also perused an Order termed a Com[on] which we finde to be made by the beforesaid H. West and Eustace Man as Merchants unto ye said John Baker and James Ricroft purporting their ymployment from ye port of London unto ye Coast of Candia, which word Candia was delivered by Eustace Man & Ricroft to be intended for Canada, The instrument of which order wee herewith together alsoe with the examination and letre aforesaid humbly present your Lordships, leving all the same to ye Lordships wisdom.

5. Nov. 1631.

Examinations taken by us underwritten according to ye order of ye l4th of October 1631, from ye Rt. ho[ll] ye Lords of his Majesties ho. Councell.

James Ricroft, Pilott of ye Eliz of London, examyned saith that Captaine Kirke and others professinge themselves to be a Companie did imploy him in the yere 1630 to Canada, and that he was paid by Mr. Eyres (beinge casheere for the said pretended Companie) sixe weekes after the end of ye voyage and that untill he was imployed by that Companie he never was in ye Gulf of Canada. That he heard ye Forte of Kebecke in those partes was in ye yeere 1628. surrendred by ye French to the said 21/1433 pretended Companie and saith, that when he was there imployed by ye said pretended Companie Captaine Lewis Kirke held ye possession of the said Forte.

This examinate denyes that ever he knewe of or ever saw anie pattent to the said Companie untill he came last from sea.

This examinate confesseth that he hath since 1630 bene imployed in a voyage to Canada by Capt. Eustace Man and one Hen. West in the Eliz of London. And did trade at Todasecke with ye savages that come thether for Beaver skins, and Elke skins, but he cannot tell to what quantity or vallue; but referres himselfe to the Customers Books for the Certaintie thereof. He saith that there was an order from his Merchants for his trade to the North parte of Canada and else where, which order is in the custody of Captaine Eustace Man, and confesseth that he did call to the Mr. of the Eliz (he beinge then deteyned as a prisoner by Captaine Vincent Harris, Capt. of the said Companies shippe named the Thomas) willing him to trade 3 for one which he sayeth was 3 Elkes skins for one Blankett. He denyes that he hath anie Charter parties, writinges or Bookes of accompt concerning his voyage.

Jo. Baker Mr. of ye Eliz of London examyned saith that he did [not] know when he went out that there were anie that professed themselves to be of ye Companie of Canada, but heard that Capt. Kerke and others kept a Fort in Canada. And further sayth that James Ricroft his Pylott beinge deteyned by the Companie did send ye letre nor shewed him subscribed by Ricroft, and upon receipt thereof he refused to deliver anie goods therein required to be delivered and came for England with five Caskes and halfe of Beaver skins and some Elkes skins, for the certaine number whereof he referreth himselfe to the Customrs books, And faith that he was with ye said shippe tradinge in the said Gulfe about 20 dayes and that he had for his particuler about 40 pounds of Beaver skins; He denies that he wrought by way of challenge to Captaine Vincent Harris, but if he spake any wordes it was in his drinke and is forrie for it.

Captaine Eustace Man one of the owners of the Eliz examined saith that he did sett forth the said Eliz (whereof Jo. Baker was Mr.) upon the motion and perswasion of James Ricroft for Canada and other partes and that untill his said shippe was gonne to sea he knewe not of, nor heard not of anie pattent graunted to anie Companie. That the order given ye Mr. for that voyage is in the Isle of Weight; That there were 531 Bearskins. that were brought from Canida and that they are all sold for above 500 £. And 100 and odd Elkes skins which were sold for above 100 £. But for the truth and certaintie of ye number of the said skins, he referreth himself to the Customers books And deneyeth that he hath any writinge Charter parties or bookes of accompts for he saith that the Mr. never gave him anie accompt in writinge of that voyage.

Wm. Holmes purser of ye Thomas examyned saith that he did wright the letre produced dat. 12 May 1630 and read it unto Wm. Ricroft and saw him subscribe the same, In which letre it is apparent that Ricroft knewe of the Comission granted to Sr. Willm. Allexander.

Edward Lees attendant upon Capt. Vinc. Harris Captaine of the 22/1434 Thomas, confesseth as much as ye said Holmes. Samuell Peirce Bever maker examyned saith that he bought of one Mr. Tho. Man, a Woollseller dwellinge by London stone about August last, ye quantitie of about 880 pound weight of Beaver skins in six hogsheads, which the said Tho. Man told him he had bought and received of one Captaine Eustace Man Merchant and owner of a shippe that came from Canada, for which said skins he paid to the said Thos. Man 880 £. saith that he and some other Beaver makers whome he can name, bought of severall seamen that said they were belonginge to the said Capt. Mans Barque severall quantities of Beaver skins to the vallue of 300 weight.

Captaine Vincent Harris Capt. of the Thomas examyned said that beinge imployed by ye Companie of Canada this last yeere to trade in those partes, and seeing ye said Eliz whereof Ja. Ricroft was pilote come into that Gulfe he commanded him to come aboard, and when he came he demanded by what authoritie he came thither, & what he did on that coast, whereto he answered he came to trade there aswell as this Examinate, whereupon this Examinate shewed him the Companies Com[on], and gave him the same to read which he did, and then sleighted it very much, and to expresse the Contempt he had of it went upon the decke and cryed to his shipp the Eliz that they should give 3 for one of that those of the Thomas did trade for, whereby those of the Company of Canada were constraincd to leave of the trade and goe from thence in regard the Savages would not come unto them. But reported that the Companie came to deceive them for that there were other of their Countrymen would give three tymes as much as they.

(_State Paper Office, Colonial Papers_, vol. VI, art. 33.)

XXII.

A note of all suche things as the Company hath in Canada and the nomber of men.

Imprimis they have above 200 persons in the fort and habytation of Kebec and gone up som 400 leages in the country for further discoverys.

In the fort there is 16 peeces of ordnance and 8 murderers. 75 musketts and 25 sowlinge peeces and 10 arkebusses a Croake and 30 pistolls 8 dozen of pikes and 24 holbeards and 40 Corseletts and 10 armors of prooffe and 6 Targetts.

In the sayd fort there is 2000 of powder for the ordnance 300 of musketts powder, and one hundred and halfe of sowlinge powder, Rownd shott burd shott Langer shott and chrossbar shott enough for the use of there powder and 10 barrells more which the Maye have of the store of 3 pinaces which are there furnished with 6 peeces of ordinance a peece and 6 murderers a peece and 5 barills a powder a peece and all thinges convenyent for their Rigginge and Munition of war.

The sayd 200 persons vittled accordinge to his Majesties allowance att sea for 18 monthes besides what they fownd upon the ground which is able to find them 6 months more soe that the are very well vittled for 2 years and within towe yeers if they worke as the have beegon the wilbee able to subsift of themselves.

There is goods for to Trade with the natives of the Contrey more then wee are able to vent in 2 yeeres which goods are no 23/1435 wheare vendable butt in that contry and which goods stands use in 6000 £. starlinge besides charges which doth amount to 6000 £. more.

All fort of tooles for smithes millers masones plasterers Carpendars Joyners bricklers whillons bakers bruers ship-carpenters shoomakers and taylors.

10 Shallops fitted with bases for the head and all other furniture.

All fort of tooles beelonginge to the fortyfication.