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 petrsfor 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 petrsto give them by the same Commission sole power to trade with the natives within the Gulfe and river of Cannada: Now the petrsare 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 petrsAnd they are particularly enformed of one shipp, called the Whale of London whose14/1426owners 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 petrsthere 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.)
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 the838
(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:(retour)Ainsi en blanc dans l'original.
Note 838:(retour)
Ainsi en blanc dans l'original.
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 oathby Capt'aines David andThos. Kirke, Jn°. Loweand Th. Wade their factorsand pursers fol. I.
Deposed upon oathby Capt'aines David andThos. Kirke, Jn°. Loweand Th. Wade their factorsand pursers fol. I.
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 bythe same parties fol. I. asalso Jacques Reinard Sr.de Espines, Lieutenantto Monsr. de Cane, hathdeposed ad 15. interrogator.fol'. 5. that he beleaveththey traded for 4000.beavers and all the otherFrenchmen depose thatthe English traded therefor beavers skines.
Deposed upon oath bythe same parties fol. I. asalso Jacques Reinard Sr.de Espines, Lieutenantto Monsr. de Cane, hathdeposed ad 15. interrogator.fol'. 5. that he beleaveththey traded for 4000.beavers and all the otherFrenchmen depose thatthe English traded therefor beavers skines.
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 saidCaptaines David and ThomasKirke, John Lowe andThomas Wade, fol. I.839
Deposed by the saidCaptaines David and ThomasKirke, John Lowe andThomas Wade, fol. I.839
Deposed by the said
Captaines David and Thomas
Kirke, John Lowe and
Thomas Wade, fol. I.839
Note 839:(retour)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.
Note 839:(retour)
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 SamuellShamplin, LeieutenantGoverener, fol. 19, ad. 4,Nicolas Blundell, fol. 22and Eustacie Boule, Fol. 23.
Deposed by SamuellShamplin, LeieutenantGoverener, fol. 19, ad. 4,Nicolas Blundell, fol. 22and Eustacie Boule, Fol. 23.
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
Proved per contractum,fol. 24.840
Proved per contractum,
fol. 24.840
Note 840:(retour)Le n. 13 porte:Proved per contractum made at the takeinge in of the Forte, fol. 8, 9.
Note 840:(retour)
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 CaptaineDavid Kirke, fol. 27. ad.9 and 10. Interr.
Deposed by CaptaineDavid Kirke, fol. 27. ad.9 and 10. Interr.
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 in16/1428Canida, 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.)
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.)
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 renderinge of the forte17/1429of 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 retoured 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.)
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 leDon 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 Kearke, Commandant18/1430pour 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 leDon 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
[L. S.]
At Whitehall, the 14th. of October 1631.
Present:
Lo. KeeperLo. Trear.Lo. Privy SealeEa. MarshallEa. of KelleyLo. V. FalklandLo. Bp. of LondonMr. 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. Loddsof ye Councells order of Reference concerning examinations of ye contempt agtye company of Canada.
(State Paper Office, Colonial Papers, vol. VI, art. 27.)
20/1432
May it please your Lopps.
We having herewith retoured 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 retoure, 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 Comonwhich 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. hollye 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 pretended Companie21/1433and 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 Thomas, confesseth as much as ye said Holmes.
22/1434Samuell 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 Comon, 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.)
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 wheare vendable butt in that contry and which23/1435goods 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.
The abovesayde fort is soe well situated that the are able to withstand 10000 men and will not care for them, for whatsoever the can doe, for in winter they cannot staye in the countrey soe that whoesoever goes to beesidge them the cannott staye there above 3 monthes in all in which time the muskett will soe torment them that noe man is able to bee abroad in centry or threnches day nor night without loosinge there sightes for att least eyght dayes.
Soe that if please his Majestie to keepe it wee doe not care what French or any other can doe thoe the have a 100 sayle of shipps and 10000 men as above sayde.
(Sur le dos est écrit.)
Note of all such thinges as the Company hath in Canada and the number of men.
(State Paper Office, Colonial Papers, vol. VI, n. 38.)
Messrs.
Je me remets à respondre à l'agréable vostre que m'a rendu le Sr Alexandre à son retour, qui j'espere sera en bref. Cependant vostre homme Mr Lowe n'est comparu icy, qui certes est venu fort mal à propos, car de luy on eust peu estre esclaircy de beaucoup de doutes qui ont rendu vos affaires avantageuses pour Decan & préjudiciables pour vous; toutesfois je vous asseure qu'on a faict tout ce qui a esté possible, & que ce qui est accordé conste hors des depositions fort clairement. Il y a deux points esquels on a trouvé le plus de peine, l'un la pretension de Decan d'estre payé de ses Castors à 12 £. 10. selon qu'il les avoit enchery & acheptez, à quoy après beaucoup d'altercations on a esté forcé de céder par l'exhibition d'un acte de Messeigneurs du Conseil privé de S. M., auquel est contenue vostre promesse de faire bon ledit prix ou en porter le dechet comme pouvez voir par ledict acte qui est du 22 Janvier 1628/29 auquel je vous remets. L'autre pour le poids des Castors, car le Sr Fitch dit bien d'avoir vendu lb. 4000 de Castors & 200 Castors, mais nous remet pour le nombre des Castors au seigneur Bicher, lequel atteste avoir compté 3500 peaux en un magasin & 620 en un autre, les reduisant à 2409 & 33l Castors compte de Canada, ne disant pas sy les 2409 pesent seuls lb. 4000 ou bien si tous les 2740 pesent 4000. lb Cecy me met en doubte, & ne sçavons comme le reigler. Decan prétend que Fitch n'a enlevé que les 3500 peaux ou 2409 Castors qui estoyent en son magasin, lesquels doibvent peser 4000 lb poids d'Angleterre, les autres 331, n'ayant esté en sa puissance ny les avoir vendus. En quoy il y a de l'apparence de raison, mais non pas assez pour la pouvoir tellement refuter ny accorder que ce soit selon l'equité. Nous devons nous trouver ensemble aujourd'huy pour voir ce qu'il pourra alléguer pour vérifier son dire. Mais sy vostre homme eust esté icy on eust peu voir & sçavoir24/1436les particularitez de tout, & traicter avec luy avec la solidité & resolution qui est requise pour rembarrer son audace. La faute est à vous qui n'avez pourveu Monsr. l'Ambassadeur de meilleures defences, vous asseurant que toutes les armes qu'avez envoyées ont esté employées sans obmission d'aucune part qu'on aye peu esplucher pour vostre advantage; vous verrez le tout à son temps, à quoy me remets.
Préparez vous à partir & soyez les premiers en toute façon pour prendre l'advantage de la traicte à Tadoussac; n'allez pas trop foibles ny aussy ne vous mettez en despences extraordinaires, afin que puissiez faire le voyage à profit & sans perte. Il faut que vous voyez de prendre ordre aux Interlopers, car cela vous gasteroit tout pour ceste année; pour les suivantes, que ceux à qui il touche y prennent esgard. J'ay trouvé bon de vous donner cest advis par avance, & vous baisant les mains je demeure Messieurs
Vostre affectionné serviteur,
PH. BURLAMACHI.
A Metz, ce 30 Janvier 1631.
A Messrs.
Messrs. les Députés de la CompeAngloise & Escossoise, negotians en Canada,
LONDRES.
(Sur le dos est écrit.)
Copie d'une lettre escrite à Metz le 30e de Janvier 1630, (1631) par le Sr. Burlamachi, aux Députez de la Compagnie Angloise & Escossoise, negotians en Canada.
(State Paper Office, Colonial Papers, vol. VI, art. 39.)
That for supposed debtes to du Cane from ye Canada Marchantes (for skins, for debtes from savages and for knives) he hath bound the King to pay 8270 £, sterling within ye space of two months.
That for certeine French shipps etc. he hath likewise obliged his Majestie to pay in Paris unto whom ye French King mall appoynt (and that within two months allso) the tome of 6060 £. sterling.
Soe as in effect he hath condemned his Majestie in 14330 £. sterling and given Bur: in pawn for ye payment with which it may be justly sayd he hath bought ye peace.
For as concerning the first some it is most certeine that ther are butt 1730 skins belonging to ye French as appeers by depositions in the Admiralty ye Copies wherof Mr. Burlemachi hath and thes skins are still entire here. The knives are in ye fort, and ye debts from savages utterly denied.
And as for ye second some nothing is more certaine then that his Majestie never had pennie of it.
Butt suppose that thes sums of money were recoverable here why should the King be bound to pay them.
Why were nott thes articles first consulted with his Majestie before ye signing of them, especially seeing in his name and to be certified under his greate seale Burlemachi is made a pledge.
25/1437Why was nott caution also given for du Canes payment of ye frayght and charge of ye shipp of 150 tuns; and for payment of ye marchandize which the English are to leave in Canada.
I conceave it most fitting that ye Canada Company should answere my Lo. Embasoreslong letre.
(State Paper Office, Colonial Papers, vol. VI, art. 45.)
Trusty and welbeloved etc. For soe much as there is made a finall good agreement betwixt us and our good brother the French King, and that all differences aswell betwixt our Crownes as subjects are settled by a mutuall and perfect accord, and that amongst other particularityes on our side v/e have consented to the restitution of the fort and habitation of Quebec in Canada, as taken by force of armes since the peace, howsoever the Comission were given out to you during the warre betwixt us and the sayd King: We preferring the accomplishment of our royall word and promise before all whatsoever allegations may be made to the contrary in this behalfe, as we have obliged ourselves to that King for the due performance thereof by an act passed under our great Seale of this our realme of England, soe we doe by these our lres. straightly charge and command you,that upon the fight hereof yee doe give speedy notice and order to all such subjects of ours which are under your Comission and gouvernement aswell souldiers which are in garrison in the foresaid fort and habitation of Quebec for defence thereof, as inhabitants, which are there seated and planted, to [conforme themselves unto the sayde agreement and to]841render according to the sayd agreement the sayd fort and habitation into the hands of such as shalbe by our sayd brother the French King appoynted and authorised to demand and receave the same from them, in the same state yt was at the tyme of the taking, without demolishing any thing of the fortifications and buildings which were erected at the tyme of the taking, or without carrying away the armes munitions, marchandises or utensills which were then found there in. And yf any thing hath ben formerly carryed away from thence, our pleasure is, yt shalbe restored either in specie or value, according to the quantity of what hath ben made appeare uppon oath and was sett downe in a shedule made by mutuall content of such as had cheife comand on both sides at the taking and rendring thereof. And for soe doeing these our lres. shall not onely serve for warrant but likewise for such expresse signification of our will and pleasure, that whosoever officer, souldyer, or inhabitant shall not readily obey, but shew himselfe crosse or refractory thereunto, shall incurre our highest indignation and such punishment and penalty as shalbe due unto offendors of soe high a nature.
Note 841:(retour)Ces mots sont effacés dans l'original.
Note 841:(retour)
Ces mots sont effacés dans l'original.
(Sur le dos est écrit cette note.)
And every of you our subjects remayning in the foresayd fort and habitation, either as soldyers in garrison for defence thereof or inhabitants there seated and planted, imediately uppon sight hereof which shalbe presented by such as our good brother the26/1438French King shall appoynt and authorise for that purposse, to render the sayd fort and habitation of Quebec into their hands.
(State Paper Office, Colonial Papers, vol. VI, art. 46.)
Charles R.
Trusty and welbeloved wee greete you well. Forasmuch as there is made a finall good agreement betwixt us and our good brother the French King, and that all differences aswell betwixt our Crownes as subjects are settled by a mutuall and perfectt accord, and that amongst other particularytyes on our side, we have consented to the restitution of the fort and habitation of Kebec in Canada, as taken by force of armes since the peace, howsoever the Commission were given out to you during the warre betwixt us and the sayd King: We preferring the accomplishment of our royall word and promise before all whatsoever allegations may be made to the contrary in this behalfe, as wee have obliged ourselves to that King for the due performance thereof by an act passed under our great seale of this our realme of England, soe we doe by these our letres straightly charge and comand you that uppon the first commoditie of sending into parts and meanes for ye people to retoure yee doe give notice and order to all such subjects of ours which are under your Commission and government aswell souldiers which are in garrison in the foresaid fort and habitation of Kebec for defence thereof, as inhabitants, which are there seated and planted, to render according to the sayd agreement the sayd fort and habitation into the hands of such as shalbe by our said brother the French King appoynted and authorised to demaunde and receave the same from them, in the same state yt was at the tyme of the taking, without demolishing any thing of the fortifications and buildings which were erected at the tyme of the taking, or without carrying away the armes munitions merchandises or utensills which were then found therin. And yf any thing hath bene formerly carryed away from thence, our pleasure is, it shalbe restored eitheir in speicie or value, according to the quantity of what hath bene made appeare uppon oath and was sett downe in a schedule made by mutuall content of such as had cheife comaund on both sides at the taking and rendring thereof. And for so doeing these our letres shall not onely serve for warrant but likewise for such expresse signification of our will and pleasure, that whosoever officer, souldyer, or inhabitant shall not readily obey, but shew himselfe crosse or refractory therunto, shall incurre our highest indignation and such punishment and penalty as shalbe due unto offenders of soe high a nature.
(Sur le dos est écrit.)
Letters from his Majesty to ye Canada marchants and ye comanders under them for rendring Kebeck corrected as in these first originals appeareth.
(State Paper Office, Colonial Papers, vol. VI, art. 47.)
XXVII.
Declaration du Sr. Champlain soubs serment des armes, munitions & autres utensiles laissées au fort de Kebeck lors de la rendition, qui doyvent selon le Traicté estre restituées.
27/1439
4. Quattre pièces d'Artillerie de fonte du poids d'environ 150 lb. piece.
1. Une pièce d'Artillerie de fonte pesant environ 80 lb.
5. Cinq boites de fer servant pour les dites pièces.
2. Deux plus petites pièces d'Artillerie de fer pesant chacune 800 lb.
6. Six Pierriers avec leurs Chambres ou boites pour les charger.
1. une petite pièce d'Artillerie de fer pesant environ 80 lb.
45. Quarante cinq petits boulets de fer pour les cinq pièces d'Artillerie sudite.
6. Six boulets pour les autres pièces, chacun pesant 3 lb.
30. ou 40. Trente ou quarante livres de Poudre à Canon.
30 lb. Trente de Mesche, ou environ.
30. Trente Mousquets entiers & un rompu.
1. Une Harquebuze à croc.
2. Deux longues harquebuzes de cinq ou six pieds.
2. Deux autres harquebuzes.
10. Dix Hallebardes.
12. Douze picques.
5. ou 6000. Cinq ou six mille livres de plomb en boulets, platine & bancs.
60. Soixante Corcelets, desquels deux sont complets & à la preuve du Pistolet.
2. Deux grands pieds fourchus de fonte pesant 80 lb.
1. Un Pavillon ou tente pour loger Vingt hommes.
1. une forge de Mareschal avec les Appartenances.
Toutes sortes de provisions pour la Cuisine.
Tous Outils pour un Charpentier.
Tous outils de fer propres pour un moulin à vent.
Un Moulin à bras pour moudre du bled, etc.
Une cloche de fonte.
(Sur le dos est écrit.)
Copie de la deposition du Sr. de Champlain des armes & utensiles laissées au fort de Kebecq.
(State Paper Office, Colonial Papers, vol. VI, art. 49.)
An answere made by the Adventurers to Canada unto a letre written by the right honbleSr Isaack Wake Knight Lord Ambassador for his Majestie of England, now resideing in Fraunce beareing date the 9th of Aprill 1632.
To the first Article mentioned in his Lordshipps letre wherein he writes that the instructions he received from us were soe weake and came soe farr short for what was necessary for our defence that had he not gathered light from Monsieur de Caen his owne speeches, he should not have brought our busynes to soe good a passe.
Wee answeare that those depositions and instructions which wee sent and delivered here to Mr. Burlamachi and which he had under the seale of the Admiralty by the28/1440Lordes of his Majesties privy Counsell their comaund, were soe authentique and sufficient, that if this cause had byn tryed here in England where witnesses would have byn allowed, which wee earnestly desired, We doubt not but to have recovered charges of de Caen rather then any money should have byn paid unto him. But the French Ambassador and Monsr. de Caen would never permitt any legall proceeding neither in the Admiralty nor in any other Court of justice here in England.
Secondly, Whereas his Lordshipp writes that De Caen his pretentions were for 266000 livers, We marvaile not at his unreasonable demaund, knowing the French at well as we doe, whereof some of us have had woefull experience in the busynes with Morteau and Launay and others. But Monsr. de Caen att his being here claymed in all only 4266 beavors. And Monsr. Champlaine Governor of the Fort when, their goods were taken deposeth there were but 2500 or 3000 beavors belonging to the French att the most. Whereof at the rendring of the Fort the French that were then there, were by composition permitted and did carry away such as they pretended were their owne, and they had each of them a Coat conteyning 7 or 8 beavors a peice besides what they conveyed away secretly. And some were stollen by them as appeares by the depositions of Oliver le Tardiff one of their servauntes. Besides wee bought divers beavors of the said Frenchmen att the retoure here of our shipps for which wee paid them above 400 £. as by their acquittances appeareth which beavors they brought then in our shipps from thence. All which being deducted it will plainly appeare there could not come to our hands above 1713 beavors according to the depositions of our Captaynes and factors who kept a just and exact accompt of the same, which beavors were delivered unto us by the French there, upon composition and condition that wee should feed them and bring them home they being almost starved and must have perished without our releife they having fedd upon nothing but rootes for the space of Three monthes before, as appeares by the deposition of Monsr. Champlaine, Mo. Blundell, Mo. Bowley and others. And the victualls we gave them would have bought there above 4000 beavors, as appeares likewise by the depositions of Capteyn Kirke and others. The rest of the Beavors (which with the said 1713 received from the French are still in sequestration) Wee bought of the salvagcs with our owne goodes the French themselves confessing in their depositions that wee traded for 4000 Beavors.
Thirdly, whereas his Lordshipp writes for the restitution of the shipp Hellen and the goods taken in her which were but of a small valewe, We answeare that the said shipp came out of Fraunce the 20th of May 1629 and the peace was proclaimed ten daies before to take effect from the 14th of Aprill before that, which peace they knew and heard of before their coming out of Fraunce as appeareth by the deposition of Jaques Raymond842Sieur de Espines Leiutennt to Mo. de Caen. Nevertheless at their comyng into the river of Canada they concealed the said peace and first assaulted and shott att our shallopps and after att our shipps to have surprized them and killed some of our men and wounded many others, which appeareth likewise by the deposition of the said Jaques Raymond and the deposition of our men. Now we conceive that by our lawe and the29/1441lawe of nations those men that shall assault us knowing of the peace concluded betweene both Kingdomes ought to suffer as Pyratts and the shipp and goods soe taken are lawfull prize and therefore noe restitution ought to be made but contrarily the French ought to give us satisfaction for our damages in the fight susteyned and also for loss of our mens lives. Howsoever wee wilbe contented to deliver such goods in Canada as were taken in the said shipp Hellen (if it be soe agreed and by his Majesty comaunded).
Note 842:(retour)Jacques Kognard (Couillard), sieur de l'Espiné.
Note 842:(retour)
Jacques Kognard (Couillard), sieur de l'Espiné.
Fowerthly, whereas de Caen demaundeth satisfaction for Beavors owing to him by the Salvages we answeare that wee never received any of them for him, and therefore he may now goe and receive them himselfe. And for the Knyves which he pretendes to be worth 600 Beavors they remayne still in the Fort to be delivered unto him if it be soe concluded.
Fifthly, concerning the number of Beavors which his Lordmipp saith is playne by the French depositions to be 4200 skynnes, although Mo. Champlaine their Governor whoe should know best deposeth but 2500 or 3000 beavors. We answeare that it is more playne by the depositions of the English that there were but 1713 beavors which came to our hands and they were delivered unto us upon composition by the French. That we should give them food whereby to preserve their lives from perishing and bring them home, which we conceive wee ought to enjoy having paid soe well for them in regard our provisions they had would have bought above 4000 beavors as is before expressed. And if there were any more the French carryed them away with them as they had permission to do. As appeareth by the contract made with Monsr. Champlayne and Monsr. Pountgrave att the rendringe of the Forte.
Sixthly, concernyng the weight of the Beavors, Wee marvell a Calculation of 6625 £. should be concluded on, seing the whole number of 4000 Beavors are still remayneing under their Lordshipps Comaund and may be weighed justly, Soe that they to whome they shalbe adjudged shall have noe losse by them.
And for the price of 25 s. sterling per lb. If Mo. de Caen would have paid us the money for them upon our security to have repaid it to them to whome it should be adjudged he might have had them willingly. But whatsoever he pretended Monsr. de Caen had noe purpose to take them at that rate. For when he had a good part of them att the Lord Mayors house and might have had them from thence upon paying for them he nor his assignee Monsr. de Espines would not bring in money for them, though he was often urged thereunto, but suffered them there to remayne as they doe to this day.
And whereas it appeares that it is concluded that de Caen shall have 82700 livers for such Beavors as were taken from him, Wee conceive that of right he ought to have nothing att all, but rather that he should give his Majestie satisfaction for the lives of his subjects which they tooke away contrary to the peace concluded. Whereof they were not ignorant but concealed the same as is before proved and confessed by them.
And for the Beavors we had from the French, they were delivered unto us by contract to feed them and bring them home as is before expressed, and as appeareth by the contract made with them which cost us twice soe much as the Beavors were worth.
Also wee conceive that the Charges wee have byn att in building and keeping the30/1442Fort nowe Three years should have byn considered in some measure. And if the French must be paid according to the price of beavor in England, Wee thinke it had byn very reasonable that they should have paid the Charges of bringing them home, seeing that which is bought in Canada for 2 s. is worth here above xx s. And that voyage cost us above 20000 £. which charge wee were att upon his Majesties Comaund and upon promise to enjoy both the goods wee should take the Fort and the Countrey.
But now by this conclusion it should seeme wee have made a voyage for De Caen whoe (as he makes his reckoning) will have paid him here for every Beavor marchauntable (which he calculates att a pound and halfe in weight and att 25 s. sterling per lb.) which is 37 s. 6 d. sterling for every beavor, which cost not him above 3 s. sterling in Canada and wee have paid all the Charge of fetching and bringing them home hither which cometh to much more then all the beavers are worth. And if de Cane had sett forth shipps himselfe he must have byn att the like charge which would have cost hime more then his Beavors were worth. And therefore we conceive there is no reason he should have the value of the Beavors as they are worth here, seeing we have bought them there and paid all the charges of bringing them hither. By which agreement de Caen would make above 12 for one profitt and wee should loose all both principall which was our provisions they had for them and also the charge of bringing them hither. And it appeares that for such goodes as wee shall have remayneing in Canada and deliver de Caen wee are to have but 30 per Cent more then they cost us, which seemeth as strange on thother side; beinge that the charges of carryîng the goodes thither and other expences will come to above Three tymes more then they cost besides the extraordinary yerely charge of keeping the Fort of Kebeck which must be raised upon the profitt of the goodes.
Further whereas his Lordshipp hath ordered de Caen to pay 2400 lyvers for the bringing home of 60 men custome and all other charges, wee conceive it to bee a very poore allowance seeing his Majesties custome amounteth to above 1000 lyvers and the very freight of our shipps coste above 4000 £. sterling besides Maryners wages and victualles.
And also whereas his Lordshipp hath further agreed That de Caen shall pay the freight and all Charges of a shipp of 250 tonnes to fetch home our men and goodes and also to pay 30 per Cent for such goodes as wee shall have remayneing in the countrey, Wee marvell de Caen doth not send one & give order and security for the performance thereof, that soe wee [may send away a]843shipp in good tyme, that the delivery of the Fort may be performed according to his Majesties Comaund. But wee hold it very unreasonable wee should have soe litle allowance 30 per cent for the reasons above expressed.
Note 843:(retour)Effacé dans le manuscrit.
Note 843:(retour)
Effacé dans le manuscrit.
And lastly wee conceive the carryage of the busynes hath byn very unequall. For seeing our English Marchants have byn forced to goe into Fraunce to plead for such goodes as have byn taken from them by the French. Why should not the French come as well into England to plead for such goodes as have byn taken from them by the English. For all the world knoweth there is as good justice to be had in England as in31/1443France. For in the passage of the busynes for Canada, it is playne that the depositions of the French are fully approved and the English wholly rejected. Soe also in the proceeding about the shipp called the Benediction taken by the French; It appeareth by the English depositions that the goodes which the French tooke from the English amounted to 14000 £. sterling and upwards. Yet their witnesses are not received nor allowed. But what the French have deposed is come to their handes (being little more than halfe of the said somme) is yeilded unto and restitution to be made for noe more. Soe that according to that rule it had byn but reason the English should have made restitution for noe more then what they proved came to their handes of the Frenchmens goodes. But in the whole course of their proceedinges it appeares the French are to receive and pay accordinge to their owne proofes and the depositions of the English are neither regarded nor their proofes on either side admitted or accompted of.
DAVID KIRKE for my mother
Elizabeth Kirke.
ROBERT CHARLTON.
WILLIAM BARKELEY.
(State Paper Office, Colonial Papers, vol. VI, art. 53.)